Supreme Court of India · 2001-10-17
Commissioner Of Income Tax, Mumbai ... vs Versus
- Court
- Supreme Court of India
- Petitioner
- Commissioner Of Income Tax, Mumbai ...
- Respondent
- Versus
- Bench
- M.B.Shah, R.P.Sethi
Judgment text excerpt
The Supreme Court held that the High Court's quashing of the appellant's complaint under Sections 465, 467, 468, 471, and 120B of the Indian Penal Code was erroneous, as it disregarded established legal principles regarding the issuance of process by a Magistrate. The Court emphasized that the High Court should not have exercised its powers under Section 482 of the Code of Criminal Procedure to dismiss the complaint without proper examination of the evidence. The Court directed the Magistrate to proceed with the complaint in accordance with law, thereby allowing the appeal.