Dharminder Kumar @ Bobby Garg vs. Investigating Officer Dg Of Goods And Services Tax Intelligence
Facts
The petitioner, Dharminder Kumar @ Bobby Garg, filed a petition before the High Court of Punjab and Haryana at Chandigarh. The petition was against the Investigating Officer, DG of Goods and Services Tax Intelligence. The petitioner's counsel submitted that the petitioner had been granted default bail under Section 167(2) of the Code of Criminal Procedure (Cr.P.C.), rendering the present petition infructuous. The respondent's counsel did not dispute this submission. The case was taken up for hearing through video-conferencing.
Held
The Court held that the petition had become infructuous. This finding was based on the undisputed submission by the petitioner's counsel that default bail had been granted to the petitioner under Section 167(2) of the Code of Criminal Procedure. The respondent's counsel did not contest this assertion. Consequently, the Court found no necessity to proceed further with the petition. The ratio decidendi is that a petition filed before a High Court becomes infructuous if the underlying grievance is resolved by subsequent events, such as the grant of default bail, and this is not disputed by the opposing party. The operative direction was to dismiss the petition as having become infructuous.
Key Issues
1. Whether the present petition has become infructuous due to the grant of default bail to the petitioner under Section 167(2) Cr.P.C.? Petitioner's Argument: The petitioner argued that the grant of default bail under Section 167(2) Cr.P.C. has made the current petition infructuous. Respondent's Argument: The respondent (Investigating Officer, DG of Goods and Services Tax Intelligence) did not dispute the petitioner's submission regarding the grant of default bail and the consequent infructuousness of the petition.
Sections Cited
Section 167(2) Cr.P.C.
AI-generated summary — verify with the full judgment below
217 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-2216-2021 Date of Decision: 08.02.2021 DHARMINDER KUMAR @ BOBBY GARG .....Petitioner Vs INVESTIGATING OFFICER DG OF GOODS AND SERVICES TAX INTELLIGENCE .....Respondent CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH Present:Mr. Aman Garg, Advocate and Mr. Jagmohan Bansal, Advocate for the petitioner.
Mr. Rajesh Sethi, Sr. Standing counsel and Ms. Varinder Kaur Waraich, Jr. Standing counsel for the respondent-DGGSI. **** RAJ MOHAN SINGH, J.(Oral)
The case has been taken up for hearing through video- conferencing.
Learned counsel for the petitioner submits that the petitioner has been granted default bail under Section 167(2)
Cr.P.C. and this petition has become infructuous.
This fact has not been disputed by learned for the respondent.
Dismissed as having rendered infructuous. (RAJ MOHAN SINGH)
February 08, 2021 JUDGE Atik MOHMED ATIK 2021.02.08 16:35 I attest to the accuracy and integrity of this document
The judgment continues below.
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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.