Mohd. Shadab Quadri S/O Late Abdul Rehman Khan vs. Union Of INDIA

Held

The Court held that the criminal miscellaneous petitions are rendered infructuous. This decision was based on the statement made by the learned counsel for the respondent CGST/DGGI. The respondents submitted that a complaint has already been filed before the competent court and the adjudication process has been completed after the issuance of a show cause notice. Therefore, the Court found no reason to interfere under Section 482 of the Cr.P.C. The ratio decidendi is that once criminal proceedings have commenced with the filing of a complaint and the related adjudication process is complete, writ petitions seeking to quash or stay such proceedings become infructuous. The Court granted liberty to the petitioners to avail remedies available under the law if any future cause of action arises from the aforementioned proceedings.

Facts

The petitioners, Mohd. Shadab Quadri and Mohd. Ali Akram Khan, were arrested in connection with GST matters. They were subsequently granted post-arrest bail by the Supreme Court. The respondents, CGST/DGGI, stated that a summons was issued to the petitioners under Section 70 of the CGST Act, 2017, to clarify their role based on subsequent disclosures. A complaint has since been filed before the competent court, and the adjudication process following a show cause notice has been completed. The respondents submitted that the petitions have become infructuous.

Key Issues

1. Whether the present criminal miscellaneous petitions are rendered infructuous given that a complaint has been filed before the competent court and the adjudication process is complete? Petitioner's Argument: The judgment does not record any specific arguments made by the petitioners. However, the petitions were filed seeking relief, implying a challenge to the ongoing proceedings or the actions taken by the authorities. Respondent's Argument: The respondents argued that the petitions have become infructuous because a complaint has already been filed before the competent court, and the adjudication process following the show cause notice has been completed. They further stated that a summons was issued under Section 70 of the CGST Act, 2017, to clarify the petitioners' role based on subsequent disclosures.