BRIJ MOHAN GUPTA Vs. UNION OF INDIA
LAWS(ALL)-1994-11-146
HIGH COURT OF ALLAHABAD
Decided on November 18,1994

BRIJ MOHAN GUPTA Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

C.A. Rahim, J. - (1.) Grievance of the petitioner is that inspite of the fact that an appeal is pending, the Income-tax Authority, Allahabad has launched a proceeding in the Criminal Court which should be stayed. The learned Advocate, Sri Ashok Kumar, on behalf of the Income-tax Authority has submitted that this petition is not maintainable but considering the fact that during pendency of the Appeal when the Income-tax Authority could launch the prosecution I must hold that this court is entitled to invoke the jurisdiction. After hearing learned counsel for both the sides the application is disposed of with the observation that Criminal Complaints No. 237 and 236 of 1994 Union of India through Awadesh Kumar Misra, Assistant Commissioner of Income-tax, Central Circle, Allahabad v. Brij Mohan Gupta shall remain stayed till disposal of the appeal before the Income-tax Appellate Tribunal. The learned counsel for the petitioner undertakes that the petitioner will not obtain any adjournment in the appeal pending before the Income-tax App: ate Tribunal. Let a certified copy of this order be issued to the learned counsel for the parties on payment of usual charge within a week. Order Accordingly. ;


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