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2015 (8) TMI 1127 - DELHI HIGH COURT

2015 (8) TMI 1127 - DELHI HIGH COURT - 2015 (325) E.L.T. 706 (Del.) - Quashing of FIR - Demand set aside by CESTAT - Held that:- Since petitioners have an alternate and efficacious remedy to seek discharge from trial court by urging the pleas taken herein, therefore, this Court is not inclined to exercise its inherent jurisdiction under Section 482 of Cr.P.C. - Petition disposed of. - CRL. M. C. 3317/2015 & Crl.M.As. 11834-35/2015 - Dated:- 18-8-2015 - Hon'ble Mr. Justice Sunil Gaur,J. Foe t .....

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is an exercise in futility. Learned counsel for petitioners submits that petitioners have appeared before the trial court and pre-charge evidence is in progress and the next date of hearing is 2nd December, 2015. It is also stated that the order setting aside the demand for duty is sub judice before a Division Bench of this Court. Reliance was placed by learned counsel for petitioners upon decisions in Biharaj MFG. Co. P. Ltd. v. Commissioner of Central Excise 2007 (94) DRJ 705, Anil Mahajan &am .....

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y & Ors. (2011) 12 SCC 437, which is as under: - "It is well settled that the inherent powers under Section 482 can be exercised only when no other remedy is available to the litigant and not in a situation where a specific remedy is provided by the statute. It cannot be used if it is inconsistent with specific provisions provided under the Code (vide Kavita v. State and B.S.Joshi v. State of Haryana). If an effective alternative remedy is available, the High Court will not exercise its .....

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