Pradeep Pratap Singh S/O Shri Pratap Singh B/C Jat vs. Smt. Neelam D/O Shri Sohansingh Chaunkar, W/O Shri Pradeep Pratap Singh B/C Jat
Held
The Court held that the criminal miscellaneous petition has become infructuous. The reasoning provided is that the disposal of the application filed by the respondent under Section 125 Cr.P.C. renders the petition infructuous. The ratio decidendi is that if a subsequent event or order makes the original petition moot, it should be dismissed as infructuous. The operative direction was to dismiss the petition. No issues were expressly left undecided.
Facts
The petitioner, Pradeep Pratap Singh, an Inspector Central Excise and Customs, filed a criminal miscellaneous petition before the High Court of Judicature for Rajasthan, Bench at Jaipur. The respondent is Smt. Neelam, wife of the petitioner. The petition was filed through Umashankar, Commissioner (Appeal), CGST, Ahmedabad. The specific tax period and the order or action under challenge are not detailed in the provided text. The procedural history indicates that the respondent had filed an application under Section 125 Cr.P.C. The amount in dispute is not stated.
Key Issues
1. Whether the criminal miscellaneous petition has become infructuous in view of the disposal of the application filed by the respondent under Section 125 Cr.P.C.? The petitioner argued that the petition has become infructuous because the application filed by the respondent under Section 125 Cr.P.C. has been disposed of. The respondent's arguments are not recorded in the judgment.
Sections Cited
Section 125 Cr.P.C.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 6449/2019 Pradeep Pratap Singh S/o Shri Pratap Singh, Aged About 34 Years, R/o Village Kursanda, Mohalla Maadan Thok, Police Station: Sadawaad, District: Haathras, Uttar Pradesh, Presently Posted As: Inspector Central Excise And Customs, Through Umashankar, Commissioner (Appeal), 7th Floor, CGST, Opposite Polytechnic, Paanjrapol, Ambawadi, Ahmedabad. ----Petitioner Versus Smt. Neelam D/o Shri Sohansingh Chaunkar, W/o Shri Pradeep Pratap Singh, Aged About 31 Years, R/o Village- Kursanda, Mohalla Maadan Thok, Police Station: Sadawaad, District: Haathras, Uttar Pradesh, Presently R/o Pushpvatika Colony, Agra Road, Police Station: Mathura Gate, Bharatpur, Rajasthan. ----Respondent For Petitioner(s) : Ms. Apeksha Tiwari, for Mr. Ajatshatru Mina For Respondent(s) : Mr. Laxman Meena, P.P.
Mr. Anil Kumar Upman HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 09/02/2021 Learned counsel for the petitioner submits that in view of disposal of the application filed by the respondent under Section 125 Cr.P.C. itself, this petition is rendered infructuous.
The petition is dismissed as having become
The judgment continues below.
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