Rajneesh Bansal vs. Commissioner CGST Dggi Chandigarh
Original PDF →Facts
The petitioner, Rajneesh Bansal, filed a petition before the High Court of Punjab and Haryana at Chandigarh. The respondent was the Commissioner, CGST, DGGI, Chandigarh. The petitioner's counsel informed the Court that the petitioner had been released on bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.). This development rendered the present petition infructuous.
Held
The Court held that the petition had been rendered infructuous. This was based on the information provided by the petitioner's counsel that the petitioner had been released on bail under Section 167(2) Cr.P.C. Since the primary purpose of the petition was likely related to the petitioner's liberty or status concerning the proceedings, the bail order effectively resolved the immediate concern. Therefore, the Court found no further necessity to adjudicate the matter. The ratio decidendi is that a petition before a High Court becomes infructuous if the underlying grievance is resolved by subsequent events, such as the grant of bail.
Key Issues
1. Whether the present petition is rendered infructuous in light of the petitioner's release on bail under Section 167(2) Cr.P.C.? Petitioner's Argument: The petitioner's counsel argued that the petitioner had been released on bail, making the petition moot. Respondent's Argument: The judgment does not record any specific argument from the respondent. However, the respondent was represented by counsel.
Sections Cited
Section 167(2)
AI-generated summary — verify with the full judgment below
In the High Court for the States of Punjab and Haryana At Chandigarh CRM-M-7838-2021 (O&M)
Date of Decision:-5.3.2021 Rajneesh Bansal … Petitioner Versus Commissioner, CGST, DGGI, Chandigarh ... Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present:- Mr. Anurag Arora, Advocate with Mr. Gautam Dutt, Advocate for the petitioner. Mr. Rajesh Sethi, Senior Standing Counsel with Ms. Varinder Kaur Warraich, Junior Standing Counsel, for the respondent. (proceedings conducted through video conferencing) ***** GURVINDER SINGH GILL, J.(Oral) Today, at the very outset, learned counsel for the petitioner has informed that the petitioner stands released on bail in terms of provisions of Section 167(2) Cr.P.C. In view of the aforestated position, the present petition is dismissed having been rendered infructuous.
2021 ( Gurvinder Singh Gill ) pankaj
Judge Whether speaking /reasoned Yes / No Whether Reportable Yes / No PANKAJ KAKKAR 2021.03.05 18:12 I attest to the accuracy and integrity of this document
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.