2018 (8) TMI 862

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....g Counsel, Income Tax ORDER (ORAL) 1. A prosecution launched by the second respondent in 1993 alleging offences punishable under Sections 276 C (1) and 277 of Income Tax Act, 1961 continues to hang fire on the file of the Additional Chief Metropolitan Magistrate (ACMM) till date, the petitions at hand, besides others, also being the cause for delay.  Three persons were shown in the array in....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r and some of the proceedings recorded in its wake were challenged by another criminal revision petition (Crl.MC1686/2009) which remained pending till date, the petitioners not having prosecuted it diligently, it having been withdrawn and dismissed accordingly, by a separate order of even date. 2. The case before the ACMM is being tried as a warrant trial case based on a complaint and thus the tr....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....missed the challenge to the order framing charge. 4. The petitioners have approached this court seeking to invoke its inherent jurisdiction under Section 482 Cr. PC to bring yet another challenge to the order framing charge. 5. Against the above backdrop, question arose as to whether the petitioner having availed of the remedy of revision should be allowed to have recourse to the petition at han....