This court does not find any reason to interfere in the matter specially in a public interest litigation in respect of non filing of charge sheet, within time.
Section 132 of the CGST Act, 2017— Bail – Public Interest Litigation --The petitioner, a practicing advocate has filed this present petition by way of Public Interest Litigation. The petitioner submitted that a criminal case was registered against certain persons in the township of Indore for offences u/s 132(1) (s) of Act. Five persons were granted regular bail by order dated 27-07-2020 and 13-08-2020. But in respect of one of the co-accused, as charge sheet was not filed within time an application was preferred u/s 167 (2) of Cr.PC and the same has been allowed by the trial court vide order dated 03-09-2020. The petitioner's contention is that grant of bail to one of the co-accused as investigation was not completed is against public interest and the Investigating Agency should have completed the investigation, within time. The court observed that the present petition is certainly not at all the Public Interest Litigation. If the investigating agency was not able to conclude the investigation within time there can be a number of reasons for the same. No element of Public Interest is involved in the matter. No case for interference is made out in the matter.
Held that:- The Hon’ble High Court declined the admission.
This court does not find any reason to interfere in the matter specially in a public interest litigation in respect of non filing of charge sheet, within time.
Section 132 of the CGST Act, 2017— Bail – Public Interest Litigation --The petitioner, a practicing advocate has filed this present petition by way of Public Interest Litigation. The petitioner submitted that a criminal case was registered against certain persons in the township of Indore for offences u/s 132(1) (s) of Act. Five persons were granted regular bail by order dated 27-07-2020 and 13-08-2020. But in respect of one of the co-accused, as charge sheet was not filed within time an application was preferred u/s 167 (2) of Cr.PC and the same has been allowed by the trial court vide order dated 03-09-2020. The petitioner's contention is that grant of bail to one of the co-accused as investigation was not completed is against public interest and the Investigating Agency should have completed the investigation, within time. The court observed that the present petition is certainly not at all the Public Interest Litigation. If the investigating agency was not able to conclude the investigation within time there can be a number of reasons for the same. No element of Public Interest is involved in the matter. No case for interference is made out in the matter.
Held that:- The Hon’ble High Court declined the admission.