Santosh Rajak vs. State Of Chhattisgarh
Held
The High Court, considering the nature of the relief sought by the petitioner, was of the firm view that the matter had become infructuous by efflux of time. Consequently, the writ petition was dismissed on this ground. The Court did not delve into the merits of the petitioner's claims regarding the release of goods, the propriety of police action under Section 41(1-4) of the Cr.P.C., or the right to operate the shop. The reasoning for the dismissal was solely based on the passage of time rendering the petition obsolete. No specific provisions of the GST Act were discussed in relation to the core dispute, as the petition was disposed of on procedural grounds.
Facts
The petitioner, Santosh Rajak, proprietor of Santosh Plastic, filed a writ petition seeking several directions from the Chhattisgarh High Court. These included directing the police to release a vehicle loaded with goods after verifying GST and other relevant bills, rather than demanding production in court. The petitioner also sought directions against the police taking action under Section 41(1-4) of the Cr.P.C. without cogent reason, and to allow him to run his shop. The petition also prayed for directions against the Station House Officer not to close the petitioner's shop and to prevent misuse of power under Section 41(1-4) of the Cr.P.C. with malafide intention. The respondents were the State of Chhattisgarh and police officials.
Key Issues
1. Whether the High Court should direct the police to release a vehicle loaded with goods upon verification of GST and other relevant bills, instead of requiring the petitioner to produce them in court? 2. Whether the police can take action against the petitioner under Section 41(1-4) of the Cr.P.C. without just and cogent reason and with malafide intention? 3. Whether the High Court should direct the respondents to allow the petitioner to run his shop and not to close it? Petitioner's arguments: The petitioner argued that the police were acting improperly by seizing vehicles and demanding documents in court, and by threatening action under Section 41(1-4) of the Cr.P.C. without proper justification. They sought the release of goods and the right to operate their business without undue interference. Revenue/State's arguments: The judgment does not record any specific arguments made by the respondents/State.
Sections Cited
Section 41(1-4) of Cr.P.C.
AI-generated summary — verify with the full judgment below
-1- NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPCR No. 601 of 2018 Santosh Rajak S/o Late Itwari Rajak Aged About 33 Years R/o Chantideeh, Pathan Para, Police Station Sarkanda, Tahsil And District Bilaspur Chhattisgarh. Proprietor Of Santosh Plastic Purani Sabji Mandi, Science College, Road, Bilaspur Chhattisgarh. ---- Petitioner Versus
State of Chhattisgarh Through The Secretary, Department Of Home Ministry, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur, Post Office Rakhi, District Raipur Chhattisgarh.
The Superintendent of Police Bilaspur, District Bilaspur Chhattisgarh.
The Station House Officer Police Station Sarkanda, Bilaspur, District Bilaspur Chhattisgarh. ---- Respondents (Cause-title taken from Case Information System) For Petitioner : Ms. Ritika Verma, Advocate on behalf of Mr. V. K. Pandey, Advocate For Respondents/State : Mr. Gagan Tiwari, Government Advocate Hon'ble Shri Justice Ramesh Sinha, Chief Justice Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board Per
Ramesh Sinha, Chief Justice
2023 1) Heard Ms. Ritika Verma, Advocate on behalf of Mr. V. K. Pandey, Advocate for the petitioner. Also
The judgment continues below.
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