Mr. Raisuddin Abbasi vs. Dggi, Ghaziabad
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The petitioner, Mr. Raisuddin Abbasi, filed an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking anticipatory bail. The petitioner alleged that after an officer's arrest, he began receiving threats from unknown individuals. He was informed by a well-wisher that officers from the DGGI, Ghaziabad, intended to take revenge by fabricating charges and arresting him. The petitioner also observed suspicious movements of GST officers around his office. He apprehended arrest on false and fabricated grounds as retaliation for filing a complaint against GST officers. The respondent, DGGI, Ghaziabad, was represented by its Senior Standing Counsel.
Held
The Court noted the statement made by the learned Senior Standing Counsel for the Respondent. The Senior Standing Counsel, on instructions, stated that there was no inquiry being conducted against the petitioner as feared by him. In view of this categorical statement by the respondent, the Court disposed of the application. The Court granted liberty to the petitioner to move appropriate proceedings before the High Court as permissible in law, in case any proceedings were initiated against him in the future. The Court did not delve into the merits of the petitioner's apprehension of revenge or the alleged threats, as the respondent denied any ongoing inquiry. The primary basis for disposal was the respondent's assurance.
Key Issues
1. Whether the petitioner is entitled to anticipatory bail in apprehension of arrest on false and fabricated grounds by the DGGI, Ghaziabad, as an act of revenge for filing a complaint against its officers? The petitioner argued that he had received threats and observed suspicious activities by GST officers, leading him to believe that his arrest was imminent on fabricated charges as a retaliatory measure. He relied on his apprehension of imminent arrest and the alleged motive of revenge. The respondent, DGGI, Ghaziabad, through its Senior Standing Counsel, stated on instructions that there was no inquiry being conducted against the petitioner as feared by him.
Sections Cited
Section 482
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Cause title — parties, addresses and appearances
O R D E R %
2025 BAIL APPLN. 2083/2025
The present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Applicant seeking grant of first anticipatory bail on the following grounds:- “9. That after the officer was arrested, the applicant started getting threats from unknown people. One well-wisher contacted the applicant and said that the officers of GST Department particularly from DGGI, Ghaziabad wants to take revenge by making false charges against the applicant and getting the applicant arrested.
That the applicant has also noticed suspicious movements and presence of some GST officers in and around his office premises in the past few days, thereby reinforcing his apprehension of imminent arrest in a false and fabricated case.
Also the purchasing parties of the applicant‟s firm have been contacted by the officers of the DGGI, Ghaziabad after the incident of CBI trap and arresting of their officer.
That the applicant apprehends that the GST department may arrest him on false and fabricated grounds as an act of revenge for filing a complaint against its officers.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 23:53:40
Issue Notice.
Learned Senior Standing Counsel for the Respondent enters appearance on advance service and accepts notice.
Learned Senior Standing Counsel for the Respondent states on instructions that there is no such enquiry, as feared by the Applicant, being conducted against him.
In view of the statement made by the learned Senior Standing Counsel, the present application is disposed of.
The Applicant is at liberty to move appropriate proceedings before this Court as permissible in law, in case any such proceedings are initiated against him.
HARISH VAIDYANATHAN SHANKAR (VACATION JUDGE) JUNE 4, 2025/nd/va
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/06/2025 at 23:53:40
Reproduced from the public record of the Delhi High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.