Ravi Prakash Khetan v. UOI (2024) 336 CTR 829 (Pat) (HC)

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Delay in filing return was due to ill health-Dismissal of discharge application of prosecution by Special Judge is quashed. [S. 139(1), Criminal Procedure Code, S.245]

Failure to file return of income   prosecution  was launched.  The made an application before the Competent Court to quash the proceedings on the ground that   delay in filing of return  was on account of his ill health  and  was not wilful intentional.  Special Judge rejected the application. On appeal to High Court, high Court allowed the petition and order of Special Judge  rejecting discharge application is quashed.  (AY. 2009-10)