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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.Nirmal Kumar, J
Abdul Khader Mohammed Farook – Appellant
Versus
Deputy Commissioner of Income Tax – Respondent
| Table of Content |
|---|
| 1. non-payment of admitted tax not wilful evasion without intent. (Para 2 , 3) |
| 2. continued default and absenteeism justify prosecution under presumption. (Para 4 , 5 , 6) |
| 3. quash petition dismissed; trial court to decide merits independently. (Para 7 , 8 , 9 , 10) |
IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON : 22.04.2026 PRONOUNCED ON : 29.04.2026 CORAM THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.9848 of 2026 and Crl.M.P.Nos.7042 & 7043 of 2026 Abdul Khader Mohammed Farook (M/56), S/o.Abdul Khader, No.59, M.K.N.Road, Guindy, Chennai-600032.
PAN: AAHPF4076K. ... Petitioner Vs.
Deputy Commissioner of Income Tax, Corporate Circle-1[1], Numgambakkam, Chennai-600034. ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records relating to E.O.C.C.No.133 of 2019 pending on the file of the Additional Chief Metropolitan Magistrate (Economic Offences), Egmore, Chennai and quash the same.
For Petitioner : Ms.N.Lavanya For Respondent : Ms.M.Sheela, Senior Standing Counsel (Income Tax) and Mr.H.Siddarth, Junior Standing Counsel (Income Tax)
ORDER The petitioner/accused facing trial
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