Prosecution proceeding where the entire liability has been paid & there is no loss to the public exchequer, even after eleven years would only be an abuse of the process of the Court: Patna HC

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Prosecution proceeding where the entire liability has been paid & there is no loss to the public exchequer, even after eleven years would only be an abuse of the process of the Court: Patna HC

Prabir Kumar Shaw vs. UOI (Patna High Court)

Short Overview of the Case:

S. 482 CrPC:

Prosecution launched in 2008 u/s 276C, 277 & 278B of the Income-tax Act, 1961

 Prosecution was launched for alleged tax evasion in AY 1994-95

 Grounds by the assessed was that the prosecution deserves to be quashed because the assessee has paid the tax and the penalty & also taking into account the year in which the alleged offence was committed.

 The assessee has been paying income-tax regularly & has not been prosecuted for any false disclosure either earlier or thereafter.

 It would only be in the nature of harassment to the petitioners, and an abuse of the process of the Court, if this case is allowed to be continued.

 (The Supreme Court has directed issue of notice on the Dept’s SLP)

 This Court, in a number of cases, has defined the scope and ambit of the powers under Section 482 Cr.P.C.

 A High Court, exercising its power under the aforesaid section, has an inherent power to act ex debito justitiae to do real and substantial justice, for the administration of which alone it exists, or to prevent the abuse of the process of the Court.

 It has been clarified that the inherent powers of the Court under Section 482 Cr.P.C. can be exercised to give an effect to an order under the Cr.P.C., to prevent the abuse of the process of the Court and to otherwise secure the ends of justice. No doubt, a caution has been laid that such powers are to be exercised sparingly, carefully and with much circumspection, but in a case of this kind, where the entire liability has been paid to the Government and there has not been any loss to the public exchequer, allowing this case to be continued after eleven years would only be an abuse of the process of the Court.

Prabir Kumar Shaw vs. UOI (Patna High Court)

The Supreme Court has directed issue of notice on the Dept’s SLP)

ITEM NO.31 Court 6 (Video Conferencing) SECTION II-A

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 15166/2020

(Arising out of impugned final judgment and order dated 05-08-2019

in CRLM No. 42017/2019 passed by the High Court Of Judicature At

Patna)

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