Naveen Jain vs. Commissioner Of CGST
Held
The Court held that the petition had become infructuous. This finding was based on the submission made by the respondent's counsel. The respondent stated that the petitioner had been released on regular bail under Section 167(2) Cr.P.C. The reasoning was that the primary grievance or purpose of the petition, as implied by its filing, was likely related to the petitioner's pre-release status or the proceedings leading to it. With the release on bail, the immediate urgency or basis for the petition was extinguished. The ratio decidendi is that a legal challenge can become moot if the underlying circumstances change such that the relief sought is no longer necessary or achievable. The operative direction was to dispose of the petition as infructuous. Liberty was granted to the petitioner to move for revival if the facts warranted it.
Facts
The petitioner, Naveen Jain, filed a petition before the High Court of Punjab and Haryana at Chandigarh. The respondent is the Commissioner of CGST. The petition was filed in relation to proceedings under the GST regime. The respondent's counsel appeared and submitted that the petition had become infructuous. This was because the petitioner had been released on regular bail under Section 167(2) of the Code of Criminal Procedure. The Court ordered accordingly.
Key Issues
1. Whether the petition is rendered infructuous due to the petitioner's release on regular bail under Section 167(2) Cr.P.C.? The petitioner's side did not argue any specific issue as the petition was disposed of based on the respondent's submission. The respondent argued that the petition had become infructuous because the petitioner had been released on regular bail under Section 167(2) Cr.P.C. No other arguments or reliance on specific provisions, circulars, or precedents were recorded in the judgment.
Sections Cited
Section 167(2) Cr.P.C.
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 226
CRM-M-32838-2019(O&M)
Date of Order:30.08.2019 NAVEEN JAIN
..Petitioner
Versus COMMISSIONER OF CGST ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Manish Singh, Advocate, for Ms. Jaspreet Kaur, Advocate, for the petitioner. Mr. Naman Jain, Advocate, for Mr. Satish Aggarwala, Advocate, for the respondent. ANIL KSHETARPAL, J(Oral) Mr. Naman Jain, Advocate, has put in appearance on behalf of the respondent and submitted that the present petition has been rendered infructuous and may be disposed of as such as the petitioner has been released on regular bail under Section 167(2) Cr.P.C. Ordered accordingly. However, liberty is granted to the petitioner to move an application for revival, if the facts are otherwise. August 30, 2019
(ANIL KSHETARPAL) nt
JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2019.09.02 11:45 I attest to the accuracy and integrity of this document Chandigarh
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