Chirag Sharma vs. The State Through Ps

Facts

The petitioner, Chirag Sharma, filed a criminal petition before the High Court of Telangana at Hyderabad seeking relaxation of a condition imposed by the Principal Special Judge for Trial of SPE & ACB Cases. The condition, imposed in Crl.M.P.No.434/2024 in Crime No.91/2024, directed the petitioner to appear before the Station House Officer concerned every Saturday between 10:00 AM and 2:00 PM for a period of four months or until the filing of a charge sheet, whichever was earlier. The petitioner had been complying with this condition for three months and argued that frequent travel from Delhi caused hardship. The State, represented by the Public Prosecutor, opposed the relaxation, stating the petitioner was not cooperating with the investigation into a grave offense involving evasion of State GST amounting to crores of rupees by misleading companies, and that the investigation required the petitioner's presence across the country.

Held

The High Court dismissed the criminal petition. The Court considered the serious allegations leveled against the petitioner, including involvement in evading State GST amounting to crores of rupees by misleading companies while claiming to be a chartered accountant. The Court also noted the State's submission that the petitioner's appearance before the police was required for the ongoing investigation, which was to be conducted throughout the country. Given the gravity of the offense and the necessity of the petitioner's presence for the investigation, the Court concluded that it was not a fit case for relaxation of the imposed condition. Therefore, the petition seeking relaxation was dismissed.

Key Issues

1. Whether the condition imposed by the Principal Special Judge for Trial of SPE & ACB Cases, requiring the petitioner to appear before the Investigation Officer every Saturday for four months or until the filing of a charge sheet, should be relaxed, considering the petitioner's compliance for three months and the hardship of travel from Delhi. (Mixed question of law and fact, turning on the Court's discretion and principles of justice). Contentions: Petitioner: Argued that he had been complying with the condition for three months without any allegations of violation. The travel from Delhi to appear before the police caused significant hardship, and therefore, the condition should be relaxed in the interest of justice. Respondent (State): Contended that despite appearing, the petitioner was not cooperating with the investigation into a grave offense of evading State GST amounting to crores of rupees. The investigation was nationwide, and the petitioner's presence was required for its progress. Therefore, the petition for relaxation should be dismissed.