2015 (8) TMI 1127

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Ajay Kumar Jain and Mr Dushyant K. Mahant, Advocates For the Respondent : Nemo JUDGMENT Quashing of FIR No.79/1/2007 under Sections 9/9AA of the Central Excise Act, 1944 titled Sandeep Jain v. M/s. Vishnu and Co. Pvt. Ltd. & Anr. is sought in this petition on the ground that the demand of duty has been set aside by the Custom Excise and Service Tax Appellate Tribunal (CESTAT) and so, the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....urging the pleas taken herein, therefore, this Court is not inclined to exercise its inherent jurisdiction under Section 482 of Cr.P.C. Such a course is being adopted in view of dictum of Apex Court in Padal Venkata Rama Reddy Alias Ramu v. Kovvuri Satyanarayana Reddy & Ors. (2011) 12 SCC 437, which is as under: - "It is well settled that the inherent powers under Section 482 can be ex....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed herein by passing a speaking and reasoned order. If the trial court finds that no case is made out against petitioners, then this order will not stand in the way of trial court to discharge petitioners. Needless to say, if trial court chooses to frame charges against petitioners, then petitioners shall be at liberty to avail of the remedy as available in law, if so advised. It is made clear ....