Jasvir Singh vs. State Of Punjab And Others
Facts
The petitioner, Jasvir Singh, filed a criminal miscellaneous petition (CRM-M-1457-2025) before the High Court of Punjab and Haryana at Chandigarh. The petitioner sought directions to protect his life and liberty, alleging imminent danger from respondent No. 4. A significant aspect of the petitioner's grievance was that respondents No. 4 and 5 had allegedly not paid Goods and Services Tax (GST). The Court considered the allegations made in the petition.
Held
The Court held that the present criminal miscellaneous petition was not maintainable. The reasoning provided is that the Court, after appreciating the allegations, was of the opinion that the case was not maintainable. The Court did not delve into the merits of the GST non-payment allegations or the threat to the petitioner's life and liberty. The ratio decidendi is that a criminal miscellaneous petition is not the appropriate forum to address grievances related to GST non-payment or to seek protection based on such allegations. The Court explicitly rejected the petition on grounds of maintainability. The petitioner was granted liberty to avail his alternative remedies as available under the law.
Key Issues
1. Whether the present criminal miscellaneous petition is maintainable for the relief sought, specifically concerning the alleged non-payment of GST by respondents No. 4 and 5 and the consequent threat to the petitioner's life and liberty. Petitioner's Contention: The petitioner agitated the issue regarding GST not being paid by respondents No. 4 and 5, implying this was a basis for seeking protection. Respondent's Contention: The State of Punjab (respondent) did not file a specific response recorded in the judgment regarding the GST issue or the maintainability of the petition. The Court's decision implies the respondent's position, or the Court's interpretation of the law, led to the dismissal.
AI-generated summary — verify with the full judgment below
116 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1457-2025 Date of Decision: 17.02.2025 Jasvir Singh ..... Petitioner Versus State of Punjab .......Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BHARDWAJ Present: Mr. Paramjit Singh Bal, Advocate, for the petitioner. Rajesh Bhardwaj, J. (ORAL) Prayer in the present petition is for issuance of direction to respondent No.2 to protect the life and liberty of the petitioner which is in eminent danger at the hands of respondent No.
In the present case, the petitioner has agitated the issue regarding GST having not been paid by respondents No.4 and 5. After appreciating the allegations made in the petition, the Court is of the opinion that the present case is not maintainable and as such the same is rejected. Hence, the present petition is dismissed being not maintainable. However, the petitioner is at liberty to avail his alternative remedy as available to him under law. (RAJESH BHARDWAJ) 17.02.2025 JUDGE sharmila Whether Speaking/Reasoned : Yes/No Whether Reportable : Yes/No SHARMILA DEVI 2025.02.18 10:02 I attest to the accuracy and integrity of this order/judgment PHHC
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Punjab and Haryana High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.