Chirag Sharma vs. The State Of Telangana

Facts

The petitioner, Chirag Sharma, filed a criminal petition before the Telangana High Court seeking relaxation of a condition imposed by the Principal Special Judge for SPE & ACB Cases, Hyderabad. The condition, imposed in Crl.M.P. No. 433 of 2024 in Crime No. 89 of 2024, directed the petitioner to appear before the Station House Officer concerned every Saturday between 10:00 AM and 2:00 PM for four months or until the filing of a charge sheet, whichever is earlier. The petitioner argued that he had been complying with the condition for three months and that frequent travel from Delhi to appear before the police caused hardship. The State, represented by the Public Prosecutor, opposed the relaxation, alleging that the petitioner was not cooperating with the investigation into a grave offense involving evasion of GST amounting to crores of rupees.

Held

The High Court dismissed the criminal petition seeking relaxation of the condition imposed on the petitioner. The Court considered the serious allegations leveled against the petitioner, including involvement in evading GST amounting to crores of rupees by misleading companies and allegedly posing as a chartered accountant. The Court also noted the State's submission that the petitioner was not cooperating with the investigation and that the investigation was to be conducted throughout the country, necessitating the petitioner's presence. Given the gravity of the offense and the requirement for the petitioner's appearance for the purpose of investigation, the Court found it was not a fit case for relaxation of the condition. Therefore, the petition was dismissed.

Key Issues

1. Whether the condition imposed on the petitioner to appear before the investigating officer every Saturday between 10:00 AM and 2:00 PM for four months or till the filing of charge sheet, whichever is earlier, should be relaxed, considering the petitioner's compliance and hardship of travel from Delhi. Petitioner's Contention: The petitioner argued that he had been diligently complying with the imposed condition for the past three months without any allegations of violation. He submitted that the requirement to travel from Delhi for weekly appearances caused significant hardship and sought relaxation of this condition. Revenue's Contention: The State opposed the relaxation, contending that despite the petitioner's appearance, he was not cooperating with the investigation. The State highlighted the gravity of the alleged offense, which involves evading GST amounting to crores of rupees by misleading companies, with the petitioner allegedly posing as a chartered accountant. The State emphasized that the investigation spans across the country and requires the petitioner's presence for effective inquiry.