The Additional Assistant Director vs. Shri Challa Durga Adi Deva Vara Prasad
Facts
The Additional Assistant Director, Directorate General of GST Intelligence (DGGI), Hyderabad Zonal Unit, filed two criminal petitions seeking cancellation of bail orders granted to Shri Challa Durga Adi Deva Vara Prasad (CFO of M/s MSR India Limited) and Shri K.V. Rajasekhar Reddy (Ex-MD of M/s MSR India Limited). These bail orders were passed by the Special Judge for Economic Offences on January 9, 2020, in connection with an investigation by the DGGI (F.No. INV/DGGI/HZU/GST/150/2018-19). The DGGI argued that the bail orders should be cancelled. However, the respondents' counsel stated that the accused were appearing before the concerned authority as per the Sessions Judge's order, and the Trial Court had subsequently relaxed the conditions on June 20, 2022. The High Court noted that three years had passed since the bail was granted, and the petitioner had not actively prosecuted the cancellation cases.
Held
The High Court dismissed the criminal petitions filed by the Directorate General of GST Intelligence (DGGI) seeking cancellation of bail. The Court observed that three years had elapsed since the bail was granted, and the petitioner had not actively pursued the cancellation of bail. The respondents' counsel submitted that the accused were appearing before the concerned authority as per the Sessions Judge's order, and the Trial Court had subsequently relaxed the bail conditions. Given the petitioner's lack of interest in prosecuting the cancellation case, the Court found no reason to interfere with the Special Judge's order granting bail. The ratio decidendi is that a party seeking cancellation of bail must actively prosecute the petition, and prolonged inaction can lead to dismissal.
Key Issues
1. Whether the High Court should cancel the bail orders dated January 9, 2020, granted to the respondents by the Special Judge for Economic Offences, in light of the petitioner's failure to actively prosecute the cancellation petitions for three years. The petitioner (Additional Assistant Director, DGGI) contended that the bail orders should be cancelled. The respondent's counsel argued that the accused were cooperating with the authorities as per the court's directions and that the trial court had relaxed conditions on a subsequent date. The petitioner did not present any specific arguments beyond the initial filing of the petitions for cancellation.
Sections Cited
Section 439(2), Section 482
AI-generated summary — verify with the full judgment below
[ 32sl ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNE AY,THE TWENTY NINTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUST]CE K.SURENDER CRIMINAL PETITION Nos.495 and 513 ot 2020 CRL.P.No.495 of 202O Between: The Additional Assistant Director, Directorate General of GST lntelligence, Hyderabad Zonal Unit, O. No.1-11-2!414, Opp.HDFC Bank, Begumpet, Hyderabad - 500 016 .. . :..PETITIONER/COMPLAINANT AND Shri Challa Durga Adi Deva Vara Prasad, CFO of M/s MSR lndia Limited, Survey No.42lA, Chetlapotharam lDA, Jinnaram, Gaggillapur Medak District, Telangana ...RESPONDENT/ACCUSED Petition under Section 439 (2) of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to cancel the bail order dated Ogloll2O2O passed in Crl- M.P. No. 1 of 2020 in connection with F.No. INV/DGGI/HZUIGST/150/2018-19 Legal (P.F.) on the file of the Special Judge for Economic Offences -Cum- Vlll Addl. Metropolitan Sessions Judge, Hyderabad by remanding the accused to judicial custody. CRIMINAL PETITION NO 513 0F 2020 Between: The Additional Assistant Director, Directorate General of GST lntel
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