TMI Blog1986 (5) TMI 17X X X X Extracts X X X X X X X X Extracts X X X X ..... Magistrate, refusing to stay the criminal prosecution and has relied upon the circumstance that he has already made an application to the Settlement Commission under section 245H of the Income-tax Act for granting immunity from prosecution. That section reads as follows: Section 245H(1): " The Settlement Commission may, if it is satisfied that any person who made the application for settleme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... othing to do with this aspect. Hence rejected. " Section 245H includes immunity not only for offences punishable under the Income-tax Act, but also for offences under the Indian Penal Code. But the basic question still remains as to whether the prosecution is required to be stayed merely because an application under section 245H is made and is pending. Till such application is granted, there is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atter. This provision cannot have any application to the present case. There is no order of settlement, no conviction and no offence under Chapter XXII. In Criminal Case No. 562 of 1985 also, a similar application was made and the learned Chief Metropolitan Magistrate has passed the following order. " Heard The significant fact in this case is that the application for settlement has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rejected, namely, mere making of an application to the Settlement Commission under section 245H does not require that the prosecution be stayed. Learned counsel for the petitioner has submitted that whether to grant stay of the prosecution or not is in the discretion of the learned Magistrate and if the learned Magistrate has not exercised his discretion in accordance with the principles of law ..... X X X X Extracts X X X X X X X X Extracts X X X X
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