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SCR.A/2086/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2086 of 2010
=========================================================
CHANDULA
PURSHOTAMDAS PATEL & 2 - Applicant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
PY DIVYESHVAR for
Applicant(s) : 1 - 3.
Mr.L.R.Pujari, APP for Respondent(s) :
1,
NOTICE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 21/03/2011
ORAL
ORDER
The
present application under Sec.482 of the Code of Criminal Procedure
has been filed for quashing of CC No.301 of 1989 pending in 9th
Metro Court, Ahmedabad qua the petitioners.
Heard
learned advocate, Mr.P.Y.Divyeshvar for the petitioners, learned
Addl. Public Prosecutor, Mr.L.R.Pujari for the respondent No.1.
Sales Tax Officer of Sales Tax Department, Mr.R.S.Trivedi on behalf
of the respondent No.2 is also present in Court.
Mr.R.S.Trivedi,
Sales Tax Officer of the Sales Tax Department, has stated at the bar
through learned APP, that entire tax is paid by the petitioners
after filing of complaint with the Sales Tax Department. A letter to
this effect was sent to the learned Public Prosecutor of the trial
court seeking to withdraw the complaint. He has also stated that now
there is no due qua the present petitioners and necessary
instructions have been given by the concerned Officer to the learned
Public Prosecutor of the trial who was in charge of the case for
withdrawal of the same. However, it has not been withdrawn by the
learned Public Prosecutor.
In
view of the facts that the entire tax amount has been paid by the
petitioners and no amount is left due towards tax to the Sales Tax
Department coupled with the fact that Sales Tax Department has
instructed the learned Public Prosecutor of the trial court to
withdraw the complaint, there is no purpose in proceeding with the
complaint and the
impugned complaint is required to be quashed and set aside.
Hence,
the present petition is allowed. Complaint being CC
No.301 of 1989 pending in 9th Metro Court, Ahmedabad, and
the proceedings thereunder are quashed and
set aside qua the present petitioners.
(M.D.SHAH,J.)
radhan
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