Shrawan Kumar @ Shrawan Mandal vs. Union Of INDIA
Facts
The appellants, Shrawan Kumar @ Shrawan Mandal and Avinash Ranjan, filed a criminal appeal before the High Court of Chhattisgarh. The appeal was directed against an order or action by the Enforcement Directorate, Government of India, through its Assistant Director, Raipur Sub Zonal Office. The specific order or action under challenge and the tax period(s) are not detailed in the provided judgment. The appellants sought permission to withdraw their appeal. The respondent, Union of India through the Enforcement Directorate, had no objection to the withdrawal. Consequently, the appeal was dismissed as withdrawn.
Held
The Court held that since the appellants sought permission to withdraw their appeal and the respondent had no objection, the appeal should be dismissed as withdrawn. The reasoning was based on the consent of both parties to the withdrawal. The operative direction was to dismiss the appeal as withdrawn. No specific legal principles were established or debated, as the decision was procedural and based on the parties' agreement. No issues were expressly left undecided.
Key Issues
The primary issue before the Court was whether to grant the appellants' request to withdraw their criminal appeal. The appellants, through their learned counsel, sought permission to withdraw the appeal. The respondent, Union of India through the Enforcement Directorate, did not object to this request. The Court had to decide whether to allow the withdrawal based on the parties' submissions. No specific legal provisions or precedents were discussed in relation to the withdrawal itself, as the matter was resolved by consent.
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 420 of 2022
Shrawan Kumar @ Shrawan Mandal, S/o Naresh Mandal, aged about 40 years, at Village- Chattu Dhanaama, Post Kakaan, Jaamui (Bihar)
Avinash Ranjan, S/o Naresh Mandal, aged about 35 years, at P.O. Dighi, District Jumai (Bihar) ---- Appellants Versus
Union of India, through Enforcement Directorate, through Assistant Director, Raipur Sub Zonal Office, at - 303, A-B Block, CGST Building, New Dhamtari Road, Tikrapara, Raipur (Chhattisgarh)
Enforcement Directorate, Government of India, through Assistant Director, Raipur Sub Zonal Office, at - 303, A-B Block, CGST Building, New Dhamtari Road, Tikrapara, Raipur (Chhattisgarh) ---- Respondent
s For Appellants : Mr. Lukesh Kumar Mishra, Advocate For Respondent No.2 : Dr. Saurabh Kumar Pande and Mr. Anil S. Pandey, Advocates DB: Hon'ble Shri Justice Sanjay K. Agrawal and Hon'ble Smt. Justice Rajani Dubey Order on Board (10.03.2022) Sanjay K. Agrawal, J
Learned counsel for the appellant at the outset seek permission to withdraw this appeal as he has already filed second bail application for grant of bail before the trial Court.
The other side
The judgment continues below.
Read the full judgment
A free account opens 10 full GST judgments a month (one account works on both bharattax.net and this site). Re-reading one you have already opened does not count again.
The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.
Reproduced from the public record of the Chhattisgarh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.