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2013 (6) TMI 255

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..... 777 to 6780 of 1997 - - - Dated:- 21-1-2013 - R. Sudhakar,JJ. For the Petitioner : Dr. (Mrs.)Anitha Sumanth For the Respondents : Mr. K. Ramasamy, ORDER These four Writ Petitions are filed praying to issue a Writ of Certiorari, call for the records in the proceedings in EOCC No.52/97 in the court of the Additional Chief Metropolitan Magistrate, (Economic Offences II), Chennai and quash the same. 2. In these cases, the main writ petitions and affidavits filed in the above cases are not available on record. It is stated that as per order dated 8.10.2009, the petition and affidavit in W.P.No.6779 of 1997 has been reconstructed as common petition and affidavit in W.P.Nos.6777 to 6779 of 1997. As per order dated 17.1.2013 the .....

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..... fresh consideration. We make it clear that both the writ petitioner and the respondents are entitled to canvass all the points that are available to them in the writ petition. The writ appeal is allowed. No costs. 5. On remand the Writ Petition has been restored to file. Thereafter, petitioner filed a petition M.P.No.182 of 2012 praying this Court to direct the Chief Commissioner of Income Tax, Chennai-II to dispose of the petition for Compounding dated 1.2.2010 filed by the petitioner within a period of 3 months. This Court by order dated 11.6.2012 passed the following order: 4. Considering the facts and circumstances of the case and also in the interest of justice, the Chief Commissioner of Income Tax, Chennai-II, third resp .....

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..... emo dated 21.1.2013 has been filed by him enclosing the above order/proceedings. It is further stated that consequent to the composition of the offence, appropriate proceedings will be taken before the Economic Offences Court for withdrawal of the complaint. 8. The memo filed by the respondents counsel along with a copy of order/proceedings passed by the Chief Commissioner of Income Tax, Chennai-II, Chennai is taken on record. The submission made by both the counsel is recorded. 9. As a result of the order/proceedings passed by the Chief Commissioner of Income Tax, Chennai-2, the relief sought for in the writ petition becomes infructuous. The respondents are at liberty to take steps for withdrawal of the complaint in EOCC No.52 of .....

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