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TMI Blog2024 (5) TMI 1427X X X X Extracts X X X X X X X X Extracts X X X X ..... ave remitted the liability and even the No Dues-Discharge Certificate and approval for withdrawing the prosecution from concerned Court stands accorded by the Respondent-Complainant competent authority. Further, no fruitful purpose would be achieved in continuing with the prosecution. At the same time continuing with the prosecution despite the fact that the alleged liability has become non-existent, obsolete in view of the Sabka Vishvas [Legacy Dispute Resolution] Scheme, under which the liability stands liquidated. Further, the continuance of prosecution shall unnecessarily burden the docket of the Learned Trial Court and lead to accusation which no longer survives and continuance of prosecution shall entail unwarranted suffering and humi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment and even the amount stands deposited with the respondents. This fact is not disputed by Mr. Vijay Kumar Arora, learned counsel for the respondent also. 4. In the above background, the learned counsel for the petitioner submits, that in view of the aforesaid Scheme, notified by the Central Government, once the amount has been remitted/ liquidated, which is not disputed, by the respondent at this stage, therefore, this Court is of the prima facie view, that no useful purpose would be achieved in continuing with, the alleged accusation and the proceedings before the Learned Additional Chief Judicial Magistrate, Una, District Una. 5. In this background, learned counsel for the respondent to have instruction, as to whether the instant com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused have deposited their liability under SVLDRS- 2019 on 10.12.2019, for which even the No Dues- Discharge Certificate dated 17.01.2020 was issued; and then the approval was accorded on 05.09.2022 for withdrawing the prosecution against the petitioner(s)- accused. However, in Para 2 of the reply on merits, it is averred that the authorities have directed the departmental counsel to file the application for withdrawing the prosecution which is stated to have been filed on 15.10.2022. 4. Be that as it may, once the petitioner(s)- accused have remitted the liability under the SVLDRS- 2019 and even No Dues-Discharge Certificate stands given; coupled with the fact that even the authorities have accorded approval on 05.09.2022 to withdraw th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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