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TMI Blog2014 (11) TMI 269X X X X Extracts X X X X X X X X Extracts X X X X ..... the documents and evidence, court needs to consider whether charge has to be framed in this case or not and the revision petitioner has to be discharged or not and only thereafter, the question of framing charge or discharging the accused under Section 245 of Code of Criminal Procedure will arise. - Crl.Rev.Pet.No.1019 of 2014 - - - Dated:- 28-10-2014 - MR. K.RAMAKRISHNAN, J. FOR THE APPELLANT : ADVS.SRI.JOHNSON ABRAHAM, SRI.NELSON ABRAHAM FOR THE RESPONDENT : ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX, PUBLIC PROSECUTOR SMT. LILLY LESLEY ORDER Petitioner in Crl.M.P.No.1001/14 in C.C.No.466/07 on the file of the Additional Chief Judicial Magistrate, (Economic Offences), Ernakulam is the revision petitioner herein. 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pre charge evidence is not shut out by this order. 7. It is an admitted fact that on the basis of the private complaint filed by the Income Tax Department through the first respondent against the revision petitioner, the above case was taken on file as C.C.No.466/07 by the Additional Chief Judicial Magistrate, (Economic Offences), Ernakulam alleging offence under Section 277 of the Income Tax Act and Section 181 of Indian Penal Code. It is also an admitted fact that the petitioner filed a petition before this court as Crl.M.C.No.1833/08 to quash the proceedings and this court disposed of the petition leaving open the right of the petitioner to file an application under Section 245 of the Code of Criminal Procedure for discharge and it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 244 of Code of Criminal Procedure and then, consider the question of discharge as pleaded by the petitioner untrammeled by the observation made by the learned magistrate in the impugned order. The court below is directed to complete the enquiry under Section 244 of the Code of Criminal Procedure and consider the question of discharge or framing charge under Section 245 of Code of Criminal Procedure as expeditiously as possible at any rate within three months from today. It is also submitted by the Counsel for the revision petitioner that, as directed by this court in Crl.M.C.No.1833/08, the revision petitioner has filed an application for personal exemption under Section 205 of Code of Criminal Procedure and no orders have been passed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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