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2010 (8) TMI 664 - SC - Indian LawsCriminal proceedings - Claim for promotion to the post of senior mechanic alleging that assessee was superseded by his juniors - While no one with a legitimate cause or grievance should be prevented from seeking remedies available in criminal law, a complainant who initiates or persists with a prosecution, being fully aware that the criminal proceedings are unwarranted and his remedy lies only in civil law, should himself be made accountable, at the end of such misconceived criminal proceedings, in accordance with law - In the light of the well established principles, held that the High Court has committed an error, firstly, in not assigning any reason and passing a cryptic order and secondly, failed to exercise its jurisdiction u/s 482 when the complaint does not disclose any offence of criminal nature - For the sake of repetition, reiterate, though the respondent had some grievance about his non-promotion, certain orders passed by the High Court including filing of contempt, etc - In view of the statutory provisions of the Income-tax Act, the assertion of the appellants that deductions were being made for all the persons who are liable to pay tax in terms of the Income-tax Act, the proper remedy for the respondent is to approach the authority/officer concerned and not by filing complaint - Considering all these materials and in the light of the various principles enunciated, held that the High Court committed an error in not exercising its jurisdiction and dismissing the petition filed under section 482 - Consequently, the criminal proceedings pending before the trial court against the appellants - The criminal appeal is allowed.
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