Chirag Sharma vs. The State Of Telanagana

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 Trial of SPE & ACB Cases at Hyderabad. The condition, imposed in Crl.M.P.No.431 of 2024 in Crime No.87 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 was earlier. The petitioner argued that he had been complying with the condition for three months, had no allegations of violation, and that appearing from Delhi caused hardship. The State, represented by the Additional Public Prosecutor, opposed the relaxation, citing the petitioner's alleged non-cooperation in the investigation of a grave offense involving evasion of State GST amounting to Crores of Rupees by misleading companies, while claiming to be a Chartered Accountant. The State contended that nationwide investigation required the petitioner's presence.

Held

The High Court dismissed the criminal petition. The Court considered the serious allegations leveled against the petitioner, including the evasion of State GST amounting to Crores of Rupees by misleading companies while allegedly posing as a Chartered Accountant. The Court found that the petitioner's appearance before the police was required for the purpose of investigation, especially given the gravity of the offense. Consequently, the Court was of the considered view that it was not a fit case for relaxation of the condition imposed by the Principal Special Judge. The reasoning was primarily based on the severity of the alleged economic offense and the necessity of the petitioner's presence for a comprehensive investigation, which was deemed to outweigh the hardship of travel from Delhi.

Key Issues

1. Whether the condition imposed by the Principal Special Judge for Trial of SPE & ACB Cases at Hyderabad, directing the petitioner to appear before the Station House Officer every Saturday for four months or until the filing of a charge sheet, should be relaxed, considering the petitioner's compliance, hardship of travel from Delhi, and the allegations of grave offenses involving GST evasion. The petitioner argued for relaxation based on his consistent compliance with the imposed condition for three months, the absence of any violation allegations, and the significant inconvenience and cost incurred by traveling from Delhi to appear before the police. The petitioner sought to reduce the frequency or duration of his appearance. The State opposed the relaxation, emphasizing the gravity of the alleged offense of evading State GST amounting to Crores of Rupees by misleading companies and impersonating a Chartered Accountant. The State contended that the petitioner's presence was crucial for a nationwide investigation and that he was not cooperating with the police, thus arguing for the dismissal of the petition.