Mirza Aslam Baig vs. State Of Chhattisgarh
Held
The Court did not decide the merits of the case. The petitioner's counsel, Mr. Abhiyuday Tripathi, prayed for the withdrawal of the writ petition with liberty to pursue remedies under Section 482 of the Code of Criminal Procedure (Cr.P.C.) before the competent court. The State counsel did not object to this request. Consequently, the Court dismissed the writ petition as withdrawn, granting the petitioner the liberty to take recourse to law under Section 482 of Cr.P.C. The Court did not make any findings on the validity of the charge sheet or the criminal proceedings, nor did it address the substantive legal questions that might have arisen.
Facts
The petitioner, Mirza Aslam Baig, filed a writ petition before the Chhattisgarh High Court seeking to quash a charge sheet dated January 31, 2020, registered as Crime No. 0043/2020 at Police Station Sakti, District Janjgir-Champa, and all consequential criminal proceedings initiated against him. The respondents included the State of Chhattisgarh through its Secretary, Department of Revenue and Disaster Management, the Inspector General Registration and Superintendent (Stamp), the District Registrar Raigarh, and the In-Charge Police Officer of Police Station Sakti. The State counsel informed the Court that the investigation had concluded and a charge sheet had been submitted to the concerned court.
Key Issues
1. Whether the charge sheet dated 31.01.2020, registered in Crime No. 0043/2020 at Police Station Sakti, District Janjgir-Champa, and the entire criminal proceedings initiated against the petitioner are liable to be quashed? The petitioner argued for quashing the charge sheet and proceedings. The State contended that the investigation was concluded and a charge sheet had been submitted to the competent court. No specific provisions of GST law were explicitly argued by either side in relation to the quashing of the charge sheet, beyond the general context of criminal proceedings arising from alleged GST-related matters.
AI-generated summary — verify with the full judgment below
1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 804 of 2021 Mirza Aslam Baig S/o Late Mirza Mustfa Baig Aged About 59 Years R/o Krishna Vihar House No. 142, Raigarh District Raigarh (C.G.) ---- Petitioner Versus
State of Chhattisgarh Through Its Secretary Department Of Revenue And Disaster Management Mahanadi, Bhawan, Naya Raipur District Raipur (C.G.)
Inspector General Registration And Superintendent (Stamp) 2nd Floor, Commercial Tax Department Gst Building Sector 19, Capital Complex Atal Nagar Raipur (C.C.)
District Registrar Raigarh, District Raigarh (C.G.)
In-Charge Police Officer Police Station Sakti District Janjgir Champa (C.G.) ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Abhiyuday Tripathi, Advocate For Respondents/State : Mr. Wasim Miyan, Panel Lawyer Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Sanjay Kumar Jaiswal
, Judge
Order
on Board
Per
Ramesh Sinha
, Chief Justice
07
.2023
Heard Mr. Abhiyuday Tripathi, learned counsel holding the brief of Mr. Ghanshyam Kashyap, learned counsel for the petitioner. Also heard Mr. Wasim Miyan, learned
The judgment continues below.
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