2013 (6) TMI 256

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....etition has been filed praying to issue a Writ of Prohibition, prohibiting the Additional Chief Metropolitan Magistrate, (Economic Offences II), Chennai from proceeding in EOCC No.52 of 1997. 2. In this case, the main writ petition and affidavit are not available on record. The miscellaneous petitions, namely, W.M.P.No.11656 of 1997, W.P.M.P.Nos.161, 163 and 182 of 2012 and the original order p....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pressing any opinion on the merits of the rival claims, we set aside the impugned order and remit the matter back to the learned single Judge for fresh consideration. We make it clear that both the writ petitioner and the respondents are entitled to canvass all the points that are available to them in the writ petition. The writ appeal is allowed. No costs. 5. On remand the Writ Petition has b....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....f receipt of the copy of this order. 6. In view of the above order, this court by order dated 11.6.2012 in WPMP No.163 of 2012 granted interim stay of all further proceedings in EOCC No.52/1997 on the file of the Additional Chief Metropolitan Magistrate (Economic Offices II), Egmore, Chennai for a period of six months. 7. When the writ petition was listed for final hearing today, Dr.(Mrs.)A....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Cases. A memo dated 21.1.2013 has been filed by him enclosing the above order/proceedings. It is further stated that consequent to the composition of the offence, appropriate proceedings will be taken before the Economic Offences Court for withdrawal of the complaint. 8. The memo filed by the respondents counsel along with a copy of order/proceedings passed by the Chief Commissioner of Income ....