Directorate General Of Goods & Service-tax Intelligence And Other vs. Sri Om Traders (Hanumanthappa Pathreralaxmana)
(Karnataka High Court, Karnataka)

Case Law
Petitioner / Applicant
Directorate General Of Goods & Service-tax Intelligence And Other
Respondent
Sri Om Traders (Hanumanthappa Pathreralaxmana)
Court
Karnataka High Court
State
Karnataka
Date
Aug 12, 2021
Order No.
CRIMINAL PETITION NO.6063/2020
TR Citation
2021 (8) TR 4593
Related HSN Chapter/s
N/A
Related HSN Code
N/A

ORDER

The petitioner is before this Court seeking to cancel the bail granted by this Court to the respondent / accused vide order dated 11.06.2020 in Crl.P.No.2419/2020.

2. Heard Sri.Neeralagi Jeevanbabu Jagadish, learned counsel for the petitioner and Sri.K.J.Kamath, learned counsel for the respondent. Perused the materials placed on record.

3. Learned counsel for the petitioner submitted that the respondent was granted conditional order of anticipatory bail by this Court vide order dated 11.06.2020 passed in Crl.P.No.2419/2020. As per condition No.4, the respondent herein was required to co-operate during the course of enquiry and he shall appear before the Investigating Officer whenever called for further investigation. But the respondent is not co-operating in the Investigation. He is making baseless allegations against the Investigating Officer. The nature of the offence alleged is with regard to playing fraud in respect of payment of GST. By delaying tactics, respondent is trying to erase all the possible evidence which is evident in commission of the offence. Under such circumstances, the conditional order of anticipatory granted in his favour is to be cancelled / recalled. Hence, he prays for allowing the petition.

4. Per contra, learned counsel for the respondent submits that the respondent is ready and willing to co-operate with the Investigating Officer. He is also ready to appear before the Investigating Officer whenever called for further investigation. Since there was ill-treatment by the Investigating Officer, he was made to file a complaint against the Investigating Officer. But none the less, he is ready to co-operate with the investigating officer.

5. In view of the submission made by the learned counsel for the respondent, I do not find any reason to entertain the petition. However, it is made clear that the submission made by the learned counsel for the respondent on behalf of the respondent is placed on record.

The petition is disposed of.

The respondent is directed to appear before the Investigating Officer as and when called for investigation.

At this stage, learned counsel for the petitioner seeks liberty to approach this Court once again, if the respondent continues to violate the conditions referred to above. He is at liberty to approach the Court in case of violation of any of the conditions mentioned in the order referred to above.

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