2014 (11) TMI 979

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....ted 26-7-2014 passed in Complaint Case No. 1790 of 1997 (Union of India through Shri R.N. Rustagi, Assistant Commissioner v. ITC Limited), alleging commission of offence under Section 9 of the Central Excise and Salt Act, 1944, pending before the Special Chief Judicial Magistrate, Meerut, by which the matter has been fixed for remaining evidence of the complainant u/s 244 Cr.P.C. 3. Learned counsel for the petitioner has mainly contended that challenging the entire proceeding of complaint case No. 1790 of 1997, the petitioner had approached this Court by way of filing an application u/s 482 Cr.P.C. No. 41435 of 2013, which has been finally disposed of by this Court vide order dated 6-12-2013 with the observation that the petitioner ....

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....the entire proceeding of the complaint case No. 1790 of 1997, the petitioner had approached this court by way of filing an application u/s 482 Cr.P.C. No. 41435 of 2013, which has been disposed of, vide order dated 6-12-2013 and the petitioner was permitted to appear before the court concerned through his counsel and press his application filed on 5-11-2007 claiming discharge and in case, the said discharge application was not available on record, it shall be open to the petitioner to file fresh discharge application, which shall be decided by the learned court below on merit in accordance with law. It further appears that the petitioner filed a written submission in support of his earlier discharge application u/s 245(2) Cr.P.C. It further....