Criminal Proceedings U/S 9A and 9AA of CE act
L R Sharma
(Querist) 01 June 2011
This query is : Resolved
Dear Experts,
I need the guidance for criminal prosecution proceedings initiated against my client in a JMIC court by Central Excise deptt. Please suggest the rulings and precedents by High Courts/ Supreme court of India. Under what circumstances, the proceedings can be quashed?
Regards,
L R Sharma,Advocate
vinay sonpal
(Expert) 02 June 2011
Any criminal proceedings can be quashed on the principles laid down for it u/s 482 of the Criminal Procedure Code. You must try to fit into recent judgment in case of Jeffrey J. Diermeier & Another Versus State Of West Bengal & Another of supreme court delivered on 14-05-2010 which extensively discusses the issue of quashing.The proceedings will have to filed in the High Court.
