Harsh Goyal vs. Commissioner Of Central GST

CRWP/2988/2022HC Punjab and HaryanaGSTCNR PHHC01034012202221 April 2022Bench: MR. JUSTICE VIKAS BAHL2 pages
AI SummaryWithdrawn

Facts

The petitioner, Harsh Goyal, filed a criminal writ petition under Article 226 of the Constitution of India and Section 482 Cr.P.C. before the High Court of Punjab & Haryana at Chandigarh. The primary prayer was for a writ of habeas corpus to release the petitioner from the custody of the respondent department, Commissioner of Central GST Rohtak, on grounds of illegal arrest. Additionally, the petitioner sought adequate compensation for alleged illegal detention. The petitioner's counsel subsequently stated a wish to withdraw the petition to file a bail application and requested that the prayer for compensation be kept open for future remedy.

Held

The Court accepted the statement made by the learned counsel for the petitioner. Consequently, the criminal writ petition was dismissed as withdrawn. The petitioner was granted liberty to file an application for regular bail. Furthermore, the second prayer made in the petition, concerning adequate compensation for alleged illegal detention, was kept open. The petitioner was granted liberty to seek appropriate remedy with respect to compensation at any subsequent stage. The Court did not decide on the merits of the illegal arrest or the entitlement to compensation.

Key Issues

1. Whether the petitioner is entitled to a writ of habeas corpus for release from custody on the grounds of illegal arrest under Article 226 of the Constitution of India and Section 482 Cr.P.C.? 2. Whether the petitioner is entitled to adequate compensation for alleged illegal detention? Petitioner's Arguments: The petitioner's counsel indicated a desire to withdraw the present petition to file a bail application in accordance with law. The counsel also requested that the prayer for compensation be kept open, and the withdrawal of the current petition should not preclude the petitioner from seeking appropriate remedy for compensation later. Respondent's Arguments: The judgment does not record any specific arguments made by the respondent.

Sections Cited

Section 482

AI-generated summary — verify with the full judgment below

CRWP-2988-2022 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CRWP-2988-2022 Date of decision : 21.04.2022 Harsh Goyal ... Petitioner Versus Commissioner of Central GST Rohtak ... Respondent CORAM: HON'BLE MR.JUSTICE VIKAS BAHL Present: Mr.Sant Pal Singh Sidhu, Advocate for the petitioner. VIKAS BAHL, J.(ORAL) This is a criminal writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying for issuance of a writ in the nature of habeas corpus for release of the petitoiner from the custody of respondent department on the ground that he has been illegally arrested. Learned counsel for the petitioner has submitted that in addition to the above prayer, a further prayer has been made for grant of adequate compensation for the alleged illegal detention. He has further submitted that he wishes to withdraw the present petition with liberty to file bail application, in accordance with law. He has also submitted that the second prayer with respect to grant of compensation be kept open and withdrawal of the present petition should not come in the way of the petitioner to seek appropriate remedy with respect to grant of adequate compensatio

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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.