Shri. Bose Chandra Ebenezar, v. The Income Tax Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 25.08.2021

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.Nos.8603 to 8605/2016 [Video Conferencing] Shri Bose Chandra Ebenezar ... Petitioner in all Crl.OPs.

Versus

The Income Tax Officer Non Corporate Ward 2[5] Income Tax Office No.63, Race Course Coimbatore-641018.

... Respondent in all Crl.OPs.

Common Prayer : - Criminal Original Petitions filed under Section 482 of the Code of Criminal Procedure to call for the entire records in pursuant to the complaints filed by the respondent in CC.No.424/2015, 425/2015 and 426/2015 respectively on the file of the Court of Judicial Magistrate No.III at Coimbatore and quash the same.

For Petitioner in all Crl.OPs : Mr.B.R.Sankaralingam For Respondent in all Crl.OPs : Mr.V.Vijayakumar Spl.Public Prosecutor for Income Tax COMMON ORDER (1) The Court heard the submissions of Mr.B.R.Sankaralingam, learned counsel for the petitioner and Mr.V.Vijayakumar, learned Special Public Prosecutor appearing for the respondent/Income Tax Department.

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(2) The learned counsel had filed Memo in each one of the above three cases and they are dated 17.08.2021, wherein he had stated that the petitioner may be permitted to withdraw the above petitions aforesaid and that he would contest the cases before the Trial Court on their merits. (3) Having heard the learned counsel for the petitioner and the learned Special Public Prosecutor appearing for the respondent, the Memos are recorded and the Criminal Original Petitions are dismissed as withdrawn. (4) I am invited to give an opinion about filing of a petition under Section 205 of Cr.P.C. before the learned Magistrate. I leave that to the wisdom of the petitioner and to the privilege of the learned Magistrate to examine such a petition on its own merits.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar AP To

1. The Judicial Magistrate No.III Coimbatore.

2.-do- through The chief Judicial Magistrate, Coimbatore.

3. The Income Tax Officer Non Corporate Ward 2[5] Income Tax Office No.63, Race Course Coimbatore-641018.

4. The Special Public Prosecutor Income Tax, High Court, Chennai.

+1CC to Mr.B.R.Sankaralingam, Advocate, SR.No. 43308 +3CCs to Mr.V.Vijayakumar, Advocate, SR.No. 42469, 42470, 42471 Crl.OP.Nos.8603 to 8605/2016 PCH(CO) B.VC (17/09/2021) https://hcservices.ecourts.gov.in/hcservices/