Union Of INDIA vs. State Of Kerala
Held
The High Court dismissed the Crl.M.C., stating that a similar situation had already been addressed by the High Court in a previous Crl.M.C. and subsequently confirmed by the Apex Court. Therefore, the Court found that nothing further survived for consideration in the present case.
Facts
The Union of India (Income Tax Department) filed a Crl.M.C. challenging an order passed by the Judicial First Class Magistrate Court-II, Kasaragod, which originated from Crime No. 693/2022 of Manjeshwaram Police Station. The challenge was against the Magistrate's order in CMP No. 1291/2022.
Key Issues
The key legal issue was whether the Magistrate's order, challenged by the Income Tax Department, should be interfered with, given that the legal position on a similar matter had already been settled by the High Court and affirmed by the Apex Court.
AI-generated summary — verify with the full judgment below
CRL.MC NO. 881 OF 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 21ST DAY OF DECEMBER 2023 / 30TH AGRAHAYANA, 1945 CRL.MC NO. 881 OF 2023 CRIME NO.698/2022 OF Manjeswar Police Station, Kasargod AGAINST THE ORDER/JUDGMENT CMP 1291/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -II, KASARAGOD PETITIONER/S: UNION OF INDIA INCOME TAX DEPARTMENT, REPRESENTED BY THE ASSISTANT DIRECTOR OF INCOME TAX (INVESTIGATION) 8'H FLOOR, AAYAKKARA BHAVAN, KOZHIKODE, PIN - 673001 BY ADVS. JOSE JOSEPH NAVANEETH.N.NATH SUSIE B VARGHESE(K/1300/2019) RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 SHRI. AJITH VASANTH KADAM (AGE UNKOWN), S/O VASANTH DADASAHEB KADAM, H.NO. 7/235, OPP. RAUT ROADWAYS, ANGODWADA, BARDEZ, GOA, PIN - 403507 BY ADV MANAS P. HAMEED, SMT.SREEJA V, PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 881 OF 2023 2 P.V.KUNHIKRISHNAN, J --------------------------------------- Crl.M.C. No. 881 of 2023 -------------------------------------- Dated this the 21st day of December, 2023
The judgment continues below.
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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.