Karnataka High Court
M/S. Huggi Farm vs Income Tax Department on 30 May, 2022
Author: V.Srishananda
Bench: V.Srishananda
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CRL.P No. 101632 of 2015
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF MAY, 2022
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 101632 OF 2015 (482)
BETWEEN:
1. M/S. HUGGI FARM
BADAMI ROAD, RON,
DIST : GADAG
( A PARTNERSHIP FIRM REPT. BY ITS PARTNERS
JAGDEESHAPPA F. HUGGI AND SHIVANAND F.HUGGI)
2. JAGADEESHAPPA F HUGGI
AGE : 65 YEARS,
OCC : PARTNER IN HUGGI FARM
R/O : HUGGI FARM
BADAMI ROAD, RON
DSIT : GADAG
3. SHIVANAND F.HUGGI
AGE : 64 YEARS,
OCC : PARTNER IN HUGGI FARM
R/O : HUGGI FARM
BADAMI ROAD, RON
DSIT : GADAG
MANJANNA
E ...PETITIONERS
Digitally (BY SRI. A S PATIL AND SRI SABEEL AHMED ,ADVOCATES)
signed by
MANJANNA AND:
E
INCOME TAX DEPARTMENT
(REPT. BY ITS INCOME TAX OFFICER,
WARD-2, GADAG)
...RESPONDENT
(BY SRI. Y V RAVIRAJ, ADVOCATE)
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CRL.P No. 101632 of 2015
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C
OF SEEKING TO DIRECT THE LEARNED TRIAL COURT NOT TO
DISPOSE OF THE CRIMINAL CASE BEARING C.C. NO 129/2013
(OLD C.C. NO. 26/2009) IN THE COURT OF CIVIL JUDGE
(SR.DN.) AND J.M.F.C., RON, TILL DISPOSAL OF THE
APPLICATION PENDING BEFORE THE COMMISSIONER OF
INCOME TAX, PANAJI.
THIS PETITION COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners has filed a memo, which reads as under:
"It is submitted that, the prayer sought for by the petitioners does not survive for consideration as the competent authority accorded approval for compounding the offences against the petitioners and consequently Chief Commissioner of Income Tax, Panaji directed respondent/complainant to withdraw the proceedings against the petitioners and accordingly the respondent/complainant had filed an application under Section 321 of Cr.P.C. before the Hon'ble trial Court and Hon'ble trial Court was pleased to allow the application on 14.01.2019 and permitted the respondent/complainant to withdraw the complaint against petitioners and acquitted the petitioners in -3- CRL.P No. 101632 of 2015 C.C.No.776/2018 on the file of Civil Judge Senior Division and CJM, Ron (old C.C.No.26/2009 on the file of Civil Judge Jr.Division and JMFC, Ron and C.C.No.129/2013 on the file of Civil Judge Senior Division and CJM, Ron).
The copy of the application and order dated 14.01.2019 is furnished along with this memo for kind perusal of this Hon'ble Court.
Hence this memo and same may kindly be taken on record to meet the ends of justice."
Memo recorded. In view of the memo, the petition is dismissed as withdrawn.
Sd/-
JUDGE CLK