1999 (7) TMI 73

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..... above calendar case. 2.The proceedings against the petitioners came to be initiated by way of a private complaint at the instance of the respondent in this petition for an offence punishable under Section 9 of the Central Excise Act on the allegation that the petitioners have wilfully evaded payment of differential Central Excise duty for the period from 14-10-1991 to 6-2-1992 on the products ma .....

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..... acts would indicate that any continuation of the prosecution as on date will be misplaced and that it will amount to abuse of process of court. 3.It is reported by learned Counsel for the respondent that on 30-3-1998 a petition was also filed under Section 321 of the Code of Criminal Procedure before the learned Magistrate, seeking withdrawal of the prosecution, but the learned Magistrate by mis .....

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..... or appointed under sub-section 8 of Section 24 Cr.P.C. Such a permission from the Central Government is required only in cases where a person, who files the petition, is not a Public Prosecutor appointed by the Central Government and such a person can file a petition for withdrawal of the prosecution only after obtaining permission and since the respondent's Counsel, who filed the petition before .....

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