ASMA ENTERPRISES Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) THIS Writ Petition has been filed praying to issue a Writ of Prohibition, prohibiting the Additional Chief Metropolitan Magistrate, (Economic Offences II), Chennai from proceeding in EOCC No.52 of 1997.

(2.) IN this case, the main writ petition and affidavit are not available on record. The miscellaneous petitions, namely, W.M.P.No.11656 of 1997, W.P.M.P.Nos.161, 163 and 182 of 2012and the original order passed in W.P.No.7130 of 1997 are only available. On the available papers as above, by consent of both sides, this order is passed.

(3.) BY order dated 26.4.2004, this writ petition was allowed as prayed for. Against that order, it is stated that the respondents herein preferred appeal in W.A.No.139 of 2006 before a Division Bench of this Court. The Division Bench set aside the order dated 26.4.2004 and remitted the matter for fresh consideration. The Judgment dated 9.2.2010 of the Division Bench passed in W.A.No.139 of 2006 reads as follows: -