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Issues: Application to quash summons under Section 482 Cr. P.C.
Analysis: 1. The applicants filed an application to quash the summons issued by the opposite party under Section 14 of the Central Excise Act, 1944/Section 108 of the Customs Act, 1962. The applicants, M/s. TVC Skyshop Limited and Vinod Aggarwal, sought relief through the inherent powers of the High Court under Section 482 Cr. P.C. to prevent abuse of the court process. The impugned summons were issued by the Superintendent, Central Excise CPU (HQRS) Thane-II, in connection with an ongoing inquiry against the applicants. 2. The court deliberated on the scope of inherent powers under Section 482 Cr. P.C. and emphasized that these powers are not to be utilized to interfere in ongoing investigations or inquiries. While the inquiry pending against the applicants may be deemed as a judicial proceeding under relevant statutes, the court clarified that the inherent powers cannot be invoked to impede such proceedings. The court highlighted that the term 'process' encompasses actions taken by the court, and in this case, the summons were issued in the context of the inquiry, not by a court. 3. The judgment concluded by dismissing the application to quash the summons, stating that the applicants have the option to pursue alternative legal remedies such as filing a writ petition under Article 226 or 227 of the Constitution of India. The court reiterated that the inherent powers under Section 482 Cr. P.C. are not applicable to intervene in ongoing investigations or inquiries, thereby rendering the application not maintainable in this instance.
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