Ravi Kaushal And Another vs. State Of Punjab
Facts
The petitioners, Ravi Kaushal and another, filed a petition under Section 528 of the BNSS, 2023, before the High Court of Punjab and Haryana at Chandigarh. The petition sought to set aside an order dated 19.10.2024, passed by the learned SDJM, Amloh. This order declared the petitioners as 'proclaimed persons' in connection with FIR No. 106, dated 05.07.2018. The FIR was registered under Sections 420, 465, 467, 468, 471, 120-B of the IPC and Section 123(2) of the Punjab Goods and Services Tax Act, 2017, at Police Station Mandi Gobindgarh. The petitioners' counsel, at the outset of the proceedings, sought permission to withdraw the present petition to file a fresh one with improved details.
Held
The Court did not decide the substantive issues of the case. Instead, the counsel for the petitioners, at the very beginning of the hearing, requested permission to withdraw the instant petition. The reason stated for this request was the desire to file a fresh petition with better particulars. The Court, acknowledging this request, granted the liberty as sought. Consequently, the petition was dismissed as withdrawn. No findings were made on the merits of the declaration of the petitioners as proclaimed persons or on the validity of the FIR or the proceedings under the GST Act. The operative direction was to dismiss the petition as withdrawn with liberty to file a fresh one.
Key Issues
1. Whether the order dated 19.10.2024, passed by the learned SDJM, Amloh, declaring the petitioners as 'proclaimed persons' in FIR No. 106 dated 05.07.2018, registered under Sections 420, 465, 467, 468, 471, 120-B IPC and Section 123(2) of the Punjab Goods and Services Tax Act, 2017, should be set aside. Petitioner's Contention: The petitioners, through their counsel, sought to withdraw the present petition with the liberty to file a fresh one containing better particulars. This implies a procedural deficiency or lack of clarity in the original petition that necessitated withdrawal rather than arguing the merits. Respondent's Contention: The judgment does not record any specific arguments or contentions from the respondent, the State of Punjab.
Sections Cited
Section 123(2)
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 129 CRM-M-24451-2025 Decided on : 07.05.2025 Ravi Kaushal and another . . . Petitioner(s) Versus State of Punjab . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Keerat Dhillon, Advocate for Mr. P.S. Ahluwalia, Advocate for the petitioner(s). **** SANJAY VASHISTH
, J. (Oral)
Instant petition has been filed u/s 528 of BNSS, 2023, for setting aside of order dated 19.10.204, passed by learned JM, Amloh, vide which, petitioners have been declared as ‘proclaimed persons’ in case FIR No.106, dated 05.07.2018, u/s 420, 465, 467, 468, 471, 120-B IPC and Section 123(2) of Punjab Goods and Services Tax Act, 2017, registered at P.S. Mandi Gobindgarh.
At the outset, counsel for the petitioners seeks withdrawal of present petition with liberty to file a fresh one with better particulars.
Dismissed as withdrawn with liberty, as sought and recorded here-above. (SANJAY VASHISTH) JUDGE May 07, 2025 J.Ram Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No JAWALA RAM 2025.05.08 15:11 I attest to the accuracy and authenticity of this document
The judgment continues below.
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