2009 (7) TMI 822

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.... R. Dhanapal Raj, Special P.P., for the Respondent. [Order]. - The petitioner's counsel submits that the petitioner has filed the Criminal Original Petition No. 33408 of 2005 to direct the Chief Judicial Magistrate to entertain the discharge petition in D. No. 1404 in C. C. No. 37 of 2005 on the file of the Chief Judicial Magistrate, Coimbatore on 22-11-2005. 2. The petitioner's cas....

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.... and the other accused. It is the further allegation of the petitioner that the discharge petition filed by the accused (six in number) including the petitioner herein was returned by the lower court for the reason that correct provision of law is not furnished and notice was not given to the public prosecutor. After returning this discharge petition, the lower court has framed charges against the....

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.... in the discharge petition. 4. The reason for returning the discharge petition that notice was not given to the public prosecutor is not a grave mistake warranting return of the petition and the return of the discharge petition amounts to denying the rights of the accused. 5. Hence, the petitioner prays that this Court may direct the Chief Judicial Magistrate, Coimbatore to enter....

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....ly in order to avail higher ineligible drawback incentive to the tune of Rs. 11,50,254/-. The petitioner, V.S. Stalin in his statement dated 7-8-2003 itself, admitted that the invoices supplied by him to M/s. C.S. Textiles were dummy invoices for which no goods were supplied, in order to get the accused escape from the clutches of law, though they committed a major offence. Further, the examinatio....