Mohammed Ismail Syed vs. The Deputy Commissioner (Legal And Prosecution)
Facts
The petitioner, Mohammed Ismail Syed, filed a Criminal Petition under Section 528 of the B.N.S.S. and Section 482 of the Cr.P.C. before the Telangana High Court. The petition sought to call for records pertaining to CC No. 5 of 2018, pending on the file of the VIII MSJ cum Special Judge for Economic Offences, Hyderabad, and to grant a stay of proceedings in the said case. The respondent was the Deputy Commissioner (Legal and Prosecution), Customs Commissionerate, Hyderabad. The case involves proceedings before the Special Judge for Economic Offences.
Held
The Court considered the oral request made by the learned counsel for the petitioner seeking permission to withdraw the criminal petition. The Court, finding no objection or opposition from the respondent's side, accorded permission for the withdrawal. Consequently, the Criminal Petition was dismissed as withdrawn. Any miscellaneous applications pending in relation to this petition were also ordered to stand closed. The Court did not delve into the merits of the underlying case (CC No. 5 of 2018) or the GST-related aspects, as the petition was disposed of solely on the ground of withdrawal.
Key Issues
The primary issue before the Court was whether to grant the petitioner's request to withdraw the criminal petition. The petitioner, through their counsel, sought permission to withdraw the petition. The respondent, represented by the Assistant Public Prosecutor, did not appear to contest the withdrawal. The Court had to decide whether to allow the withdrawal of the criminal petition and consequently dismiss it. No specific legal provisions or precedents were argued by either side regarding the merits of the case itself, as the focus was solely on the procedural aspect of withdrawal.
AI-generated summary — verify with the full judgment below
Between: IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUE AY HE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION NO: 1521 6 0F 2024 AND Mohammed lsmail Syed, Q/o Syed Mohammed lbrahim, Aged about 44 years, Occ.Business, R/o. H.No. 20-3-1089, Shahgunj, Hyderabad - 500002 ...Petitioner/Accused The Deputy Commissioner (Legal and Prosecution), Customs Commissionerate, GST Btavan, LB Stadium Road, Basheerbagh, Hyderabad, Rep. by its Special Public Prosecutor, High Court - Hyderabad. ...RespondenUComplainant Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records pertains to CC No. 5 of 2018 pending on the file of the Court of the Vlll MSJ cum Special Judge for Economic Offences. At Hyde rabad. LA. NO: 2 OF 2024 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of proceedings in CC No. 5 of 2018 pending on the file of the Court of the Vlll MSJ cum Special J
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