Ashish Agrawal vs. Union Of INDIA

MCRC/30494/2023HC Madhya PradeshGST12 September 2023Bench: HON'BLE SHRI JUSTICE SUBODH ABHYANKAR2 pages
For Petitioner: Rishi ShrivastavaFor Respondent: Deputy Solicitor General
AI SummaryWithdrawn

Held

The Court held that the prayer for withdrawal of the application filed under Section 439 of Cr.P.C. was allowed. Consequently, the application was dismissed as withdrawn. The Court did not delve into the merits of the case or any GST-related issues, as the applicant chose to withdraw the application. No specific reasoning beyond granting the prayer for withdrawal is provided. The operative direction was to dismiss the application as withdrawn.

Facts

This matter concerns an application filed under Section 439 of the Code of Criminal Procedure (Cr.P.C.) by Ashish Agrawal, an individual engaged in business. The application was filed against the Union of India through the GST Office. The specific details regarding the tax period(s), the order or action under challenge, the authority that passed it, and the amount in dispute are not recorded in the provided judgment. The procedural history is limited to the filing of this application before the High Court.

Key Issues

The primary issue before the Court was whether to grant the applicant's prayer for withdrawal of the application filed under Section 439 of Cr.P.C. The applicant, through their learned counsel, sought to withdraw the application. The respondent, Union of India through the GST Office, did not present any arguments against the withdrawal. The Court had to decide whether to permit the withdrawal of the application.

Sections Cited

Section 439

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances
(SUBODH ABHYANKAR) JUDGE IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SUBODH ABHYANKAR ON THE 12th OF SEPTEMBER, 2023 MISC. CRIMINAL CASE No. 30494 of 2023 BETWEEN:- ASHISH AGRAWAL S/O OMPRAKASH AGRAWAL, AGED ABOUT 48 YEARS, OCCUPATION: BUSINESS 102 MADHUBAN COLONY DISTRICT DEWAS. (MADHYA PRADESH) .....APPLICANT (BY SHRI SEEMANSH AGRAWAL - ADVOCATE FOR THE APPLICANT) AND UNION OF INDIA THROUGH GST OFFICE VISHNUPURI COLONY MANIKBAGH DISTRICT INDORE (MADHYA PRADESH) .....RESPONDENTS (BY SHRI PRASANNA PRASAD - ADVOCATE FOR RESPONDENT NO.1) This application coming on for admission this day, the court passed the following:

Learned counsel for the applicant prays for withdrawal of this first application filed under Section 439 of Cr.P.C. Prayer is allowed. The application is dismissed as withdrawn, with the aforesaid liberty. rashmi

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Reproduced from the public record of the Madhya Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.