Mohit Arora vs. State Of Punjab And Others
Facts
The petitioner, Mohit Arora, filed a petition under Section 482 of the Criminal Procedure Code, 1973, before the Punjab and Haryana High Court. The petitioner sought directions for respondents No. 2 and 3 (likely police authorities) to investigate a representation dated 17.11.2023 and 22.02.2024. These representations concerned alleged forgery and fabrication of Form GST MOV-6 and Form GST MOV-7 by respondents No. 4 and 5. The petitioner's counsel, instead of pressing the petition on merits, requested a direction for respondent No. 3 to decide the representations by passing a speaking order expeditiously. The State of Punjab, through its counsel, accepted notice and raised no objection to this prayer.
Held
The Court held that the prayer made by the petitioner was justified. Without going into the merits of the controversy, the Court disposed of the petition with a direction to Respondent No. 3, the Senior Superintendent of Police, Patiala. This direction was to look into the representations dated 17.11.2023 and 22.02.2024 and decide them in accordance with law by passing a speaking order. The decision was to be preferably within a period of one month from the date of receipt of a certified copy of the order. The Court explicitly stated it was not entering into the merits of the controversy.
Key Issues
1. Whether the Court should direct the Senior Superintendent of Police, Patiala (Respondent No. 3) to decide the petitioner's representations dated 17.11.2023 and 22.02.2024 regarding alleged forgery of GST forms. Petitioner's Argument: The petitioner argued that the Court should issue a direction to Respondent No. 3 to decide the representations expeditiously by passing a speaking order. The petitioner did not press the petition on its merits. Revenue/State's Argument: The State of Punjab, through its counsel, accepted notice and raised no objection to the innocuous prayer made by the petitioner.
Sections Cited
Section 482
AI-generated summary — verify with the full judgment below
CRM-M-14127-2024 - 1- 2024:PHHC:038231 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 109 CRM-M-14127-2024 Date of decision: 18.03.2024 Mohit Arora ...Petitioner Versus State of Punjab and others ...Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH Present:-. Mr. Piyush Sharma, Advocate for the petitioner. ***** KIRTI SINGH, J.(Oral)
By way of present petition filed under Section 482 of the Criminal Procedure Code, 1973 prayer has been made for issuance of direction to the respondent Nos. 2 and 3 to initiate investigation on the representation dated 17.11.2023 (Annexure P-5) and 22.02.2024 (Annexure P-7) moved before respondents No. 2 and 3 respectively regarding commission of forgery and fabrication of Form GST MOV-6 (Annexure P-3) and Form GST MOV-7 (Annexure P-4) by the respondents No. 4 and 5. 2. At the outset, learned counsel for the petitioner submits that instead of pressing the present petition on merits, his client would be satisfied in case direction is issued to the respondent No. 3 to decide the representation dated 17.11.2023 (Annexure P-5) and 22.02.2024 (Annexure P-7) moved at the instance of petitioner by passing a speaking order expeditiously. 3.
The judgment continues below.
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