Disposed

Rajan Mittal and Another v. State of Punjab and Another

Punjab & Haryana HC22 Aug 2024CRM-M/39227/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of an order declaring them proclaimed persons in a tax complaint against their erstwhile company. Counsel did not press the issue; petitioners agreed to surrender and face trial. The High Court disposed of the petition directing surrender within two weeks with costs, after which bail would be considered.

What did the court decide?

Petition disposed of: petitioner to surrender before trial Court within two weeks, deposit Rs.10,000 cost, bail application to be decided same day.

Rajan Mittal and Another Vs State of Punjab and Another — Income Tax | Punjab & Haryana HC (2024)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRM-M-39227-2024 Date of Decision: August 22, 2024

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RAJAN MITTAL AND ANOTHER V/S

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.....Petitioner(s)

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STATE OF PUNJAB AND ANOTHER

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....Respondent(s)

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CORAM: HON’BLE MR. JUSTICE SANDEEP MOUDGIL

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Present: Mr. Aalok Jagga, Advocate for the petitioner(s).

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Mr. Rajiv Verma, DAG, Punjab.

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SANDEEP MOUDGIL, J.(ORAL)

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The present petition has been filed for quashing of the impugned order 13.12.2023 (Annexure P-6) passed by the Court of Smt. Radhika Puri, Chief Judicial Magistrate, Ludhiana in COMA No.4287/18, whereby the petitioner has been proceeded as a proclaimed person.

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Learned counsel for the petitioner submits that the complaint (Annexure P-4) under Section 276B read with Section 278B of the Income Tax, Act, 1961, was filed on 31.03.2018 against one M/s Gurdaspur Overseas Limited situated at village Tugalwal, Beri Road, Gurdaspur and the present petitioner was erstwhile Director of the said company which is now under liquidation before the NCLT. He further submits that the petitioners were unaware of any such complaint being filed by the respondent as the petitioners did not received any summons or warrants of any kind regarding the said complaint. However, without any proper

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SANGEETA 2024.08.29 19:03 I attest to the accuracy and integrity of this document

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CRM-M-39227-2024

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service, the petitioners were declared as a proclaimed person by the trial Court vide order dated 13.12.2023 (Annexure P-6), however, does not press the said issue and submits that the petitioner is ready to join the proceedings and shall not absent himself from the proceedings. He fairly submits that, in fact, his prayer for anticipatory bail has also been dismissed only on the ground that there is an impugned order operating against him.

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Issuance of notice and seeking reply from the Department shall only procrastinate the trial further, which is only hold up due to the nonappearance of the petitioner and considering the fact that the petitioner is ready to surrender and proceed in the matter, which is listed for hearing on 28.08.2024.

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In light of the above, the present petition is disposed of with a direction to the petitioner to surrender before the trial Court within two weeks subject to cost of Rs. 10,000/- to be deposited at Punjab and Haryana High Court Bar Association and a receipt of the same be produced before the trial Court and only in that eventuality, application of the petitioner for seeking bail be considered and decided on the same day.

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The instant petition is disposed of in the aforesaid terms.

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(SANDEEP MOUDGIL) JUDGE

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22.08.2024 Sangeeta Whether reasoned/speaking: Yes/No Whether reportable: Yes/No

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SANGEETA 2024.08.29 19:03 I attest to the accuracy and integrity of this document

Rajan Mittal and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Rajan Mittal and Another v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

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