Chirag Sharma vs. The State Through Ps, Eow Team-1

Facts

The petitioner, Chirao Sharma, filed a criminal petition before the Telangana High Court seeking relaxation of a condition imposed by the Principal Special Judge for Trial of SPE & ACR Cases, Hyderabad. The condition, imposed in CRLMP No. 473/2024 in Crime No. 90/2024, directed the petitioner to appear before the Station House Officer 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 his travel from Delhi to appear before the police caused hardship. The State opposed the relaxation, alleging that the petitioner was not cooperating with the investigation into a grave offense of evading State GST amounting to crores of rupees by misleading companies, and that his presence was required for a nationwide investigation.

Held

The High Court dismissed the criminal petition. The Court considered the serious allegations leveled against the petitioner and the requirement of his appearance before the police for the ongoing investigation. Taking into account the gravity of the offense, the Court concluded that it was not a fit case for relaxing the condition imposed by the trial court. Therefore, the petition seeking relaxation of the appearance condition was dismissed.

Key Issues

1. Whether the condition imposed by the Principal Special Judge for Trial of SPE & ACR Cases, Hyderabad, directing the petitioner to appear before the Station House Officer every Saturday between 10:00 AM and 2:00 PM for a period of four months or till the filing of charge sheet, whichever is earlier, warrants relaxation in the interest of justice, considering the petitioner's compliance and hardship of travel from Delhi. Petitioner's Arguments: The petitioner contended that he had been diligently complying with the imposed condition for the past three months without any allegations of violation. He further submitted that the necessity to travel from Delhi to appear before the police caused significant hardship, thus seeking a relaxation of this condition. Revenue/State's Arguments: The State opposed the relaxation, arguing that despite the petitioner's appearance, he was not cooperating with the investigation. The State highlighted the gravity of the alleged offense, involving evasion of State GST amounting to crores of rupees, and stated that the investigation was nationwide, necessitating the petitioner's presence for effective inquiry.