Calcutta High Court (Appellete Side)
2576/2009 on 26 November, 2013
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 26.11.2013 (55) (ap) C.R.R. No. 2576 of 2009 In re : M/s. Berger Paints (India) Limited & Ors. ... Petitioners.
Re: An application under Section 482 of the Code of Criminal Procedure filed on 15.07.2009 None appears on behalf of the petitioners when the matter is called on.
Proceeding being Complaint Case No. 670 of 2008 pending before the learned Judicial Magistrate, 7th Court, Howrah under Section 9 read with Section 9A and Section 9AA(2) of the Central Excise Act, 1944 has been assailed in the instant case.
It has been alleged in the petition of complaint that the petitioner company and the other accused persons had failed to respond to the notice issued on behalf of the Excise Authority and have thereby obstructed the discharge of official duties. On the basis of such allegation, process has been issued in the instant case.
It has been pleaded in the petition that such notice had been challenged and the subject matter is sub‐judice.
I have gone through the materials on record. I am of the opinion that such issues should be decided by the trial Court in the first instance.
I, therefore, dispose of this application giving liberty to the petitioners to agitate the issues canvassed herein before the learned Magistrate at the appropriate stage of the proceeding in accordance with law.
The instant revisional application is accordingly disposed of. Interim order, if any, stands vacated.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties as early as possible.
(Joymalya Bagchi, J.) 1 2 2 3 3