2014 (11) TMI 269

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....ECUTOR SMT. LILLY LESLEY ORDER Petitioner in Crl.M.P.No.1001/14 in C.C.No.466/07 on the file of the Additional Chief Judicial Magistrate, (Economic Offences), Ernakulam is the revision petitioner herein. 2. The case was taken on file on the basis of a complaint filed by the first respondent herein against the petitioner alleging commission of offences under Section 277 of Income Tax Act and Se....

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.... application. Further, the Counsel also submitted, if the court felt that without taking evidence under Section 244 of Code of Criminal Procedure, the petition should not have been considered at that stage, then, the learned magistrate should have mentioned that without going in to the merit and disposed of that application. 6. On the other hand, the Counsel for the respondent submitted that ther....

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....ode of Criminal Procedure for discharge and it is on that basis, the petition has been filed. It may be mentioned here that it is seen from the order of the court below itself that no pre charge evidence has been taken in this case. So, only after taking evidence under Section 244 of Code of Criminal Procedure of the complainant and their witnesses and after considering the documents and evidence,....

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.... not shut out by this order as well. So, under the circumstances, this court feels that the petition can be disposed of as follows:             Considering the fact that, the case is of the year 2007, the lower court is directed to expedite the enquiry in C.C.No.466/07 regarding the pre charge evidence to be adduced by the complainant under S....