Rakesh Bansal Son Of Shri Mohan Lal Bansal vs. Union Of INDIA
Facts
The petitioners, Rakesh Bansal and associated entities (M/s. Kanika Strips Pvt. Limited, Shiva Steel, Durga Enterprises), filed a criminal miscellaneous petition before the Rajasthan High Court. The petition was filed against Union of India, through the Superintendent (Investigation), Commissionerate of Central Excise and Service Tax (now CGST), Alwar, and other private respondents including Kamdhenu Ispat Limited and its director. The specific order or action under challenge is not detailed in the provided text. However, the procedural history indicates that the trial related to this matter has concluded.
Held
The Court held that the criminal miscellaneous petition had become infructuous. This decision was based solely on the submission made by the learned counsel for the petitioners. The counsel stated that the trial had already been concluded, and the petitioners had been acquitted vide an order dated 09.11.2023. Consequently, the Court found no reason for the petition to survive. The ratio decidendi is that a criminal miscellaneous petition filed in relation to a matter where the underlying trial has concluded and the petitioners have been acquitted, ceases to have any legal effect or purpose and is therefore dismissed as infructuous.
Key Issues
The primary issue before the Court was the survival of the criminal miscellaneous petition. The petitioners' counsel submitted that the trial related to the subject matter of the petition had already concluded. The Court needed to decide whether the petition, filed in a criminal miscellaneous capacity, still had any purpose or validity given the conclusion of the trial. The petitioners argued that the trial's conclusion rendered the petition infructuous. The respondents' arguments are not recorded in the judgment.
AI-generated summary — verify with the full judgment below
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 5506/2022
Rakesh Bansal Son Of Shri Mohan Lal Bansal, Aged About 51 Years, Presently Residing At House No. 499, Sector - 7/b, Faridabad, Haryana - 121006. 2. M/s. Kanika Strips Pvt. Limited, 229-232, 2Nd Floor, Shubham Tower, Faridabad, Haryana Through Proprietor, Mr. Rakesh Bansal, Son Of Shri Mohan Lal Bansal, Aged 51 Years, Presently Residing At House No. 499, Sector 7/b, Faridabad, Haryana - 121006. 3. Shiva Steel, 1St Floor Shop Nehru Ground N.i.t. Faridabad, Haryana Through Proprietor, Mr. Rakesh Bansal, Son Of Shri Mohan Lal Bansal, Aged 51 Years, Presently Residing At House No. 499, Sector 7/b, Faridabad, Haryana - 121006. 4. Durga Enterprises, B-223, Nehru Ground N.i.t. Faridabad, Haryana Through Proprietor, Mr. Rakesh Bansal, Son Of Shri Mohan Lal Bansal, Aged 51 Years, Presently Residing At House No. 499, Sector 7/b, Faridabad, Haryana - 121006. ----Petitioners Versus
Union Of India, Through Shri Banwari Lal, Superintendent (Investigation), Commissionerate Of Central Excise And Service Tax (Now Commissionerate Of Central Goods And Services Tax), A-Block, Surya Na
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