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        Case ID :
        Income Tax

        The High Court examined the validity of a summoning order u/s 53...

        Validity of summoning order under Benami Act by Special Court in Lucknow for trial of offences. No illegality found.

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The High Court examined the validity of a summoning order u/s 53 r.w.s. 3 of the Benami Act, challenged on the grounds of territorial jurisdiction. The Ministry of Finance designated a Special Court u/s 50 of the Benami Act for certain districts, including where the alleged transactions occurred. The Initiating Officer found unaccounted cash deposited in a bank account during demonetization, leading to a complaint filed before the Special Court. Section 202 Cr.P.C. mandates an enquiry to determine if there are sufficient grounds for proceeding, which was satisfied in this case. The summoning order was deemed legal, as it fulfilled the requirements of Section 202 Cr.P.C. and did not cause a failure of justice.
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