Sahil Jain vs. Joint Commissioner (Preventive) Of CGST Commissionerate, Ludhiana

Held

The Court noted that the petitioner sought permission to withdraw the present petition in view of a judgment dated March 3, 2021, passed by a Coordinate Bench of the High Court in a related matter. The Court accepted this request. Therefore, the Court decided to dismiss the petition as withdrawn. No specific findings were made on the merits of the original challenge to the conditions imposed by the Chief Judicial Magistrate, as the petition was withdrawn before any such adjudication. The operative direction was to dismiss the petition as withdrawn.

Facts

The petitioner, Sahil Jain, filed a petition under Section 482 of the Cr.P.C. before the High Court of Punjab and Haryana at Chandigarh. The petition sought modification of an order dated January 11, 2021, passed by the Chief Judicial Magistrate, Ludhiana, under Section 167(2) of the Cr.P.C. This order had granted default bail to the petitioner but imposed certain conditions. The respondent in the petition was the Joint Commissioner (Preventive) of CGST Commissionerate, Ludhiana. The petitioner sought to withdraw the present petition in light of a previous judgment dated March 3, 2021, passed by a Coordinate Bench of the same High Court in a related matter titled Sahil Jain Vs. Joint Commissioner, CGST, Ludhiana.

Key Issues

1. Whether the petitioner is entitled to withdraw the present petition filed under Section 482 of the Cr.P.C. for modification of an order granting default bail under Section 167(2) of the Cr.P.C. (mixed question of law and fact). Contentions: Petitioner: Relied on the judgment dated March 3, 2021, passed by a Coordinate Bench of this Court in CRM-M-4374-2021 (Sahil Jain Vs. Joint Commissioner, CGST, Ludhiana) and sought permission to withdraw the present petition in view of that precedent. Respondent: No argument recorded for the respondent.