DK Sessions Court quashes prosecution launched by I-T dept against jewelers

coastaldigest.com web desk
October 24, 2018

Mangaluru, Oct 24: The Principal District and Sessions Judge of Dakshina Kannda has passed an order setting aside the complaint filed by the Department of Income Tax before the Special (Economic Offences) Court against the partners of Hassan-based jewelry business partnership firm namely M/s Ramachandra Shetty and Sons and its partners namely Ravish, Rajath and Rahul for the offence punishable under section 276 CC of Income Tax Act, 1961 as illegal and consequently quashed the entire proceedings initiated before the Special Court by the Department of Income Tax.

The Department of Income Tax had launched prosecution in the year 2017 across the nation and as part of the same more than 3000 complaints have been filed at Bengaluru and nearly 300 complaints have been lodged before the Special Court dealing with economic offences.

In its complaint, the Deputy Commissioner of Income Tax had alleged that the partners of the Hassan based jewelers have willfully failed to file the return of income within the stipulated time and thereby committed an offence under section 276 C.C. of I.T. Act, 1961 which is punishable with seven years imprisonment.

The Special Court had taken cognizance of the offence and issued summons to the accused persons calling upon them to appear before the court and answer the accusations. However, the accused persons had challenged the said preliminary order of taking cognizance and issuance of process by the Magistrate before the Principal District and Sessions Judge in Mangaluru by way of preferring a Revision under section 397 and 399 of Cr.P.C (Code of Criminal Procedure).

After preliminary hearing, while admitting the criminal revisions, the Sessions Court had stayed the proceedings before the Special Court of Economic Offence and JMFC and issued notice to the Department of Income Tax. In response thereto, the Special Public Prosecutor had appeared for the department of I.T. and argued the matter justifying and the complaint and sought for dismissal of the Revision preferred by the accused persons.

Advocate Vivekananda Paniyala argued for the accused persons contending that the Department had failed to furnish copy of the documents, account books, and Tally and such other accounts related documents that were seized at the time of conducting raid [search and seizure] and failed to provide the copy of the same to the Assesses despite making repeated requests in writing and thereby prevented the accused persons from filing the return within the stipulated time. Further, Mr. Paniyala has argued that the Department of Income Tax has suppressed these material facts before the Special Court.

Another limb of argument was canvassed on behalf of the Accused person is that the Special Court, while taking cognizance and issuance of process has not recorded its satisfaction assigning reasons in support of its decision before issuing summons to the Accused Persons as laid down by the Supreme Court of India in the celebrated case of Sunil Barthi Mittal v. CBI. Hence, Mr. Paniyala has argued that not only the cognizance is to be set-aside, but also the entire impugned prosecution proceedings initiated by the I.T. Department should be quashed.

After a detailed hearing, the Sessions court has set-aside the issuance of summons by the Special Court and quashed the entire proceedings as illegal and not maintainable. This is considered to be a set-back for the prosecution launched by the Department of Income Tax. This matter has generated wide public interest and particularly taxation circle.Other cases are at different stages of disposal in the special court of Economic Offences and in some cases, trial has begun.

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News Network
December 19,2025

Mangaluru: The Mangaluru CEN police have arrested a 23-year-old man for allegedly posting provocative and misleading content on an Instagram page named “mr_a_titude”, targeting the Bajpe police.

Mangaluru Commissioner of Police Sudheer Kumar Reddy C H identified the arrested as Abhishek M, a resident of Katipalla in Mangaluru.

A case has been registered at the Bajpe Police Station under Sections 353(1)(c), 353(2), 56, and 57 read with Section 189 of the Bharatiya Nyaya Sanhita (BNS) in connection with the post.

According to police, the accused uploaded a photograph of a hotel on the Instagram page and alleged that accused persons in a murder case under the Bajpe police jurisdiction were being given “royal treatment” by the police, including being served beef meals daily from the hotel.

The post further accused the police of supporting criminals, misusing their authority, and betraying public trust. Police said the content was provocative in nature and aimed at inciting public outrage against the police.

Following the post, a case was registered at the Bajpe police station, and further investigation was transferred to the CEN police station.

Police records indicate that the accused has a criminal history, with multiple cases registered against him, including murder, attempt to murder, assault, and robbery at the Surathkal Police Station, and one case at the Kaup Police Station.

The Commissioner said the accused was traced and arrested using technical evidence.

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News Network
December 15,2025

Mangaluru police have arrested a 27-year-old NRI on his return from Saudi Arabia in connection with an Instagram post allegedly containing derogatory and provocative remarks about the Hindu religion, officials said on Monday.

The accused, Abdul Khader Nehad, a resident of Ulaibettu in Mangaluru, was working in Saudi Arabia when the post was uploaded, police said.

A suo motu case was registered at the Bajpe police station on October 11 after an allegedly offensive post circulated from the Instagram account ‘team_sdpi_2025’. Police said the content was flagged for being provocative and derogatory in nature.

During the investigation, technical analysis traced the Instagram post to Nehad, who was residing abroad at the time, a senior police officer said. Based on these findings, a Look Out Circular (LOC) was issued against him.

On December 14, Nehad arrived from Saudi Arabia at Calicut International Airport in Kerala, where he was taken into custody on arrival. Police said further investigation is underway.

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News Network
December 15,2025

Udupi, Dec 15: What was meant to be a post-pilgrimage gathering turned tragic in Padukere village of Brahmavar taluk, Udupi district, late Sunday night, when a clash among youths escalated into a fatal assault, leaving one man dead.

The victim has been identified as 30-year-old Santosh Mogaveera, a resident of Padukere.

According to preliminary information, the incident took place during a late-night drinking party involving a group of local youths who had recently returned after completing their pilgrimage to the Sabarimala shrine. An argument reportedly broke out among the group and soon escalated into a violent confrontation.

During the ensuing brawl, Santosh Mogaveera was allegedly assaulted and collapsed at the spot after sustaining serious injuries. He was rushed by local residents to a private hospital in Brahmavar, where doctors declared him dead.

On receiving information, senior police officials, including Brahmavar Circle Inspector Gopikrishna, Kota Police Sub-Inspector Praveen Kumar T, Station ASI Manthesh Jabagoudar, and head constables Pradeep and Ashok, visited the spot and conducted an inspection.

Police have taken four youths into custody in connection with the incident. A case has been registered at the Kota police station, and further investigation is underway to ascertain the exact sequence of events leading to the death.

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