Nehal S/O Suresh Vadalia And 2 Others v. State Of Mah. Thr. Pso Ps Kotwali Nagpur City Tq. And Dist.Nagpur

35APL 834.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPP) NO. 1715/2022 IN CRIMINAL APPLICATION (APL) NO. 834/2022 NEHAL S/O SURESH VADALIA AND OTHERS ...VS...

STATE OF MAHARASHTRA ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Mr. Anil Mardikar, Senior Advocate with Ms. Prem Lata Bansal, Senior Advocate a/w. Mr. V. R. Deshpande, Advocate for the applicants Mrs. K.S. Joshi, Addl. PP for non-applicant no. 1 Mr. Anand Parchure with Mr. Kalyan Chiwarkar, Advocates to assist the prosecution CORAM : SUNIL B. SHUKRE AND M. W. CHANDWANI, JJ.

DATED : 14/12/2022 Heard.

2.

This application is opposed by the learned Senior Advocates for the applicants contending that the Income Tax Department has got nothing to do in this matter, in as much as, it is not the complainant here. It is further submitted that it is also not the case of the Income Tax Department that the cash amount allegedly found from the possession of the applicants is connected with any evasion of the Income Tax and that too dishonestly. 3.

Even though, there is an opposition made to this application, we are of the view that an opportunity needs SMGate

35APL 834.2022.odt to be granted to the Income Tax Department for the reason that as of now, we are not aware as to what other dimensions might be seen to be involved in the whole case. Therefore, the application is allowed. Mr. Anand Parchure, learned Advocate is permitted to assist the prosecution.

4.

Stand over to 06.01.2023.

JUDGE JUDGE SANDIP MAHADEV GATE Personal Assistant to the Hon'ble Judge SANDIP MAHADEV GATE Date: 2022.12.15 14:37:40 +0530 SMGate