Wp(Crl.)/659/2023 Of Irfan Ak v. The Union Of India, Income Tax Department

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN MONDAY, THE 9 DAY OF OCTOBER 2023 / 17TH ASWINA, 1945WP(CRL.) NO. 659 OF 2023 AGAINST THE ORDER/JUDGMENT CRMP 573/2022 OF JUDICIAL MAGISTRATE OFFIRST CLASS -I,KOZHIKODE PETITIONER: IRFAN A.K.,AGED 27 YEARSS/O IBRAHIM, PAZAHAYA CHALATT FLAT 1, AREEKAAD, NADUVATTAM .P.O., KOZHIKODE, PIN - 673028BY ADVS.RAMEEZ NOOHP.RAFTHAS RESPONDENTS: 1THE UNION OF INDIA, INCOME TAX DEPARTMENTREPRESENTED BY THE ASSISTANT DIRECTOR OF INCOME TAX (INVESTIGATION) - I, 8TH FLOOR, AAYAKAR BHAWAN, KOZHIKODE, PIN - 6730012STATE OF KERALAREPRESENTED BY INSPECTOR OF POLICE, PANNIYANKARA POLICESTATION, KOZHIKODE- 673003. REPRESENTED THROUGH THE PUBLIC PROSECUTOR. HIGH COURT OF KERALA, ERNAKULAM, PIN - 6820313THE DEPUTY DIRECTOR OF INCOME TAX (INVESTIGATION) - I,INCOME TAX DEPARTMENT, 8TH FLOOR, AAYAKAR BHAWAN, KOZHIKODE, PIN - 6730014PRINCIPAL DIRECTOR OF INCOME TAX (INVESTIGATION) KOCHIINCOME TAX DEPARTMENT, C.R. BUILDING, IS PRESS ROAD, KOCHI, PIN - 682018 THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON09.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.V.KUNHIKRISHNAN, J.------------------------------ W.P.(Crl.)No.659 of 2023 ---------------------------------------------- Dated this the 09[th]day of October, 2023 JUDGMENT This Writ Petition (Crl.) is filed with the followingprayers: “(i) Issue a writ of mandamus or any other writ,order or direction directing the respondents 3 and 4 todeposit Rs. 14,86,500/- (Rupees Fourteen LakhsEighty-Six Thousand Five Hundred Only) before theJurisdictional Magistrate Court forthwith disregardingthe pendency of assessment proceedings against thepetitioner. (ii) Issue a direction to the JurisdictionalMagistrate Court directing that, upon depositing theamount by the respondents 3 and 4. If the petitionerfiles a fresh application to release the amounts seized,the same is to be considered and disposed in a timebound manner. (iii) This Hon’ble Court may be pleased todispense the petitioners from filing the true Englishtranslation of the exhibits produced along with this W.P.(Crl.)No.659 of 2023 Writ Petition. (iv) Pass such other orders as this Hon’ble Courtdeem fit and proper in the facts and circumstances ofthe case; and (v) award costs” 2. The impugned order is a common order passed in Crl.M.P.Nos.2169/2022 and 573/2022 by theJudicial First Class Magistrate Court – I, Kozhikode. This Court as per the order dated 09.10.2023 inCrl.M.C.No.7793/2023, already modified the aboveorder after hearing the petitioner in this case also. Insuch circumstances, no further order is necessary inthis case. Therefore, this Writ petition (Crl.) is disposed of in the light of the order dated 09.10.2023 in Crl.M.C.No.7793/2023. Sd/- P.V.KUNHIKRISHNANJUDGE APPENDIX OF WP(CRL.) 659/2023 PETITIONER EXHIBITS RESPONDENTS EXHIBITS:NIL//TRUE COPY//PA TO JUDGE