M/S Taksheel Solutions Limited, v. The Deputy Commissioner Of Income Tax,

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

WEDNESDAY .THE SEVENTH DAY OF AUGUST TWO IHOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION NO: 7965 OF 2024 Between:

1. M/s Taksheel Solutions Limited,, Having its office at B-2-5O2l1tAG,ll Floor, Uma, Aishwarya House, Road No. T, Banjara Hills, Hyderabad. Represented by its Director.

2. NIr. Pavan Kumar Kuchana, Age: 54 year.,Occ: businessFlat No 302, IDEA Heaven Apartments, Road No.7,Age 54, Ban.jara Hills, Hyderabad - 500034. ...PETITIONER/ACCUSED NO.,I & 2 AND The Deputy Commissioner of lncome Tax,, Circle 2(1), sth Floor, Signature Towers, Kondapur, Hyderabad, Rep by its Spl Public Prosecutor, High Court at Hyderabad ...RESPONDENT/COMPLAINANT Petition under Section4B2 o'f Cr.P.C , praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass an order quashing the order dated.19/06/2024,passed in Crl. M.P No.166 of 2024 in CC.No.209 of 2016, on the file of the Special Judge for Economic Offences, at Hyderabad and consequentially re-open and recall the Prosecution witnesses for cross-examining on behalf of the Petitioners/Accused No.1 represented by Accused No.2.

l.A. NO: 1 OF 2024 Petition under Section 482 of Cr.P.C.,praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all the further proceedings against the Petitioner herein/ Accused No.2 in CC No. 209 of 2016, on the file of Hon'ble Court of the Special Judge for Economic Offences, at Hyderabad.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SATHAKARNI K., Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent The Court made the following: ORDER

4.

Considering the submission of the learned counsel for the petitioners, to give fair opportunity to the petitioners, this Court is inclined to allow the petition on payment of batta to P.W. 1 by the petitioners.

5.

Accordingly, the Criminal Petition is allowed setting aside the order of the trial Court dated 19.06.2024 in Crl.M.P.No.166 of 2024 in C.C.No.2O9 of 2016. Consequently, Crl.M.P.No. 166 of 2024 tn C.C.No.209 of 2016 stands allowed' The trial Court is directed to permit the petitioners to cross-examine P.W. I and the petitioners are directed to pay batta to P.W. 1. However, the petitioners are directed to crossexamine P.W. 1 on the date fixed by the trial Court without seeking any further adjournment, otherwise the petition stands dismissed.

Miscellaneous applications, if any pending, shall also stand closed.

Sd/- P. PADMANABHA REDDY ASSISTAN REGISTRAR llrtu5; anYT AI oPFlceP- -J---it "

Court of Special Judge for Economic Offences at Nampally,Hyderabad V / 2.TheDeputyCommissioneroflncomeTax,,Circle2(1)'sthFloor'Signature Towers, K6ndaPur, HYderabad 3TwoCCstoPublicProsecutor,HighCourtfortheStateofTelanganaat HYderabadIOUT] 4 One CC to SRI. SATHAKARNI K Advocate [OPUC]

5. Two CD CoPies \'r

HIGH COURT DATED:0710812024 ii a ,.) ( 3 0 0E[ 202{ o rS

ORDER

d-l I of's F c CRLP.No.7965 of 2024 ALLOWING THE CRIMINAL PETITION b- \ \v{ \o