SHRI MOHD. ALI JABIULLAH Vs. SHRI A.K. MAURYA
HIGH COURT OF DELHI
Shri Mohd. Ali Jabiullah
Shri A.K. Maurya
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PRADEEP NANDRAJOG, J. -
(1.) SHRI A.K. Maurya, Inspector, Customs (Preventive) had filed a complaint against the petitioner herein under Section 135(1)(b) of the Customs Act, 1962.
(2.) TAKING cognizance of the complaint, the learned ACMM summoned the petitioner to face trial for an offence under Section 135(1)(b) of the Customs Act, 1962.
Petitioner filed an application before the learned ACMM praying that the proceedings against him emanating out of the afore -noted complaint be dropped which application has been dismissed by the learned ACMM vide order dated 15.3.2005.
(3.) IN these circumstances, the petitioner has approached this Court under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the complaint as also order dated 15.03.2005. However in view of the legal position that the learned ACMM cannot recall the order summoning an accused matter was heard with reference to whether in view of order dated 23.4.2003 passed by CEGAT setting aside the penalty levied vide order dated 29.6.2001, order of CEGAT having attained finality, was the complaint liable to be quashed.;
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