Damaraju Srihari Charan vs. The Senior Intelligence Officer
Held
The Court considered the request made by the learned counsel for the petitioner/Accused. The counsel sought permission to withdraw the present Criminal Petition with a liberty to the petitioner to avail appropriate remedy available under law. The Court accorded the permission for withdrawal. Consequently, the Criminal Petition was dismissed as withdrawn, with the petitioner being granted the liberty to pursue other legal remedies. No decision was made on the merits of the bail application or the underlying GST evasion case. The interlocutory application, if any, was also closed as a sequel to the dismissal of the main petition.
Facts
The petitioner, Damaraju Srihari Charan, filed a Criminal Petition before the High Court for the State of Telangana seeking bail in connection with a case initiated by the Senior Intelligence Officer, Directorate General of GST Intelligence. The case pertains to alleged GST evasion, with the investigation file number being INV/DGGI/HZU/GST/154/2019-2015094, dated August 27, 2019. The petitioner sought enlargement on bail under Sections 437 and 439 of the Criminal Procedure Code. The petition also included an interlocutory application under Section 482 of the Cr.P.C. to dispense with filing of the case, in the interest of justice. The matter was heard by the High Court on September 23, 2019.
Key Issues
1. Whether the petitioner is entitled to be enlarged on bail under Section 437 and 439 of the Cr.P.C. in connection with the GST evasion case initiated by the Directorate General of GST Intelligence? Petitioner's Argument: The petitioner, through his counsel, sought permission to withdraw the Criminal Petition. The specific grounds for seeking bail or challenging the proceedings were not elaborated upon in the provided text, as the petitioner ultimately chose to withdraw the petition. Respondent's Argument: The respondent, represented by the Public Prosecutor, was present. No specific arguments from the respondent's side are recorded in the judgment, as the petition was withdrawn before substantive arguments could be made or considered on merits.
Sections Cited
Section 437, Section 439, Section 482
AI-generated summary — verify with the full judgment below
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND NINETEEN THE HONOURABLE JUSTICE G. SRI DEVI CRIMINAL PETITION NO: 5795 OF 2019 Between: Damara.ju Srihari Charan, S/o. Bhaskara Rao Damaraju, Aged about 40 years, Occ - Business, Fl/o. Flat No. '1901 , B-Block, Ramky Towers, Gachibowli, Hyderabad - 500 032. ...PETITIONERYACCUSED AND The Senior lntelligence Officer, Director General of GST lntelligence, Hyderabad Zonal Unit D. No. 1-11-2214, Opp HDFC Bank, Begumpet, Hyderabad, Rep bySpecial Public Prosecutor. ...RESPONDENT/COMPLAINANT Petition under Section 437 & 439 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 enlarge the Petitioner on bail in connection with File No. INV/DGGI/HZU lGSr15412019 - 2O15094, dated 2710812019. l.A. NO: 1 OF 2019 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased May be pleased to dispense with filing of the case in connection with File No. INV/DGGI/HZUlGST15412019 - 2015094, dated 27108120'19, in the
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