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2018 (9) TMI 359 - BOMBAY HIGH COURTProsecution u/s 276(C)(1) - stay application - Held that:- We inquired from the petitioner's advocate as to whether the petitioner sought any interim relief/stay during the pendency of the Appeal and he says that, that was not sought in the hope and anticipation that the Appeal itself would be disposed of. We find that interest of justice would be served if we dispose of this writ petition by keeping larger and wider question open. In the event, the petitioner seeks a stay of the order passed by the Assessment Officer by making a stay application, then, during the pendency of such application, the criminal prosecution should not be launched and, if it has been already launched, the same shall not proceed. Thus, the ad-interim stay granted by this Court would continue till the disposal of the application for stay by the First Appellate Authority.
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