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SUPREME COURT
B. R. Gavai, C. J., *Augustine George Masih, J.
Rimjhim Ispat Limited (M/s.) v. Union of India
| Table of Content |
|---|
| 1. criminal appeal against dismissal of discharge application under cea 1944. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments contesting the legitimacy of charges and procedural flaws. (Para 8 , 18 , 19 , 20 , 21) |
| 3. court's reliance on prima facie evidence for proceeding with criminal charges. (Para 16 , 26 , 28 , 29) |
| 4. court's rationale on maintaining parallel proceedings in law. (Para 22 , 32) |
| 5. final decision dismissing the appeal. (Para 36) |
1. The present Criminal Appeal is moved against concurrent findings of dismissal of discharge application by the Special Chief Judicial Magistrate at Kanpur Nagar, Uttar Pradesh (hereinafter, "Trial Court") and the High Court of Judicature at Allahabad (hereinafter, "High Court") as moved by M/s Rimjhim Ispat Limited, M/s Juhi Alloys Limited, and Shri Yogesh Aggarwal (hereinafter, "Appellants") in the criminal proceedings that were initiated against it under S.9 and S.9AA of the Central Excise Act, 1944 (hereinafter, " CEA 1944").
2. Against the Judgment dated 05/02/2016 passed by the High Court (hereinafter, "Impugned Judgment"), the strength of the argument for discharge application, as raised by the Appellants has primarily been the
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