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[Cites 2, Cited by 5]

Delhi High Court - Orders

Saurav Gupta vs Union Of India & Anr on 15 March, 2022

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

                          $~42
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    W.P.(CRL) 2362/2021
                               SAURAV GUPTA                                     ..... Petitioner
                                               Through: Mr. Siddharth Batra, Mr. Chinmay
                                               Dubey, Ms. Archna Yadav & Ms. Shivani Chawla,
                                               Advocates

                                                   Versus

                                UNION OF INDIA & ANR.                           ..... Respondents
                                               Through: Mr. Vikrant N. Goyal, Advocate for
                                               Respondent No. 1/UOI
                                               Mr. Harpreet Singh, Sr. Standing Counsel for
                                               Respondent No. 2
                                CORAM:
                                HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                                         ORDER

% 15.03.2022

1. The present petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. on behalf of the petitioner seeking following prayers:-

"(a) Pass a Writ, Order or Direction of Mandamus directing the office of the Commission Goods & Service Tax/ CEN. EX. Delhi-East to withdraw the Complaint issued to the Regional Passport Office for revocation of the Petition's Passport under Section 10(3)(e) and 10(3)(h) of the Passport Act, 1967; and
(b) Pass a Writ, Order or Direction of Mandamus directing the office of the Commission Goods & Service Tax/ CEN. EX. Delhi-East to ask the competent authority to close the LOC opened against the Petitioner; and
(c) Pass any other order or such other orders as may be necessary in the interests of justice, equity and good conscience".
Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:21.03.2022 16:40:50

2. Mr. Harpreet Singh, learned Senior Standing Counsel for respondent No. 2 submits that insofar as issuance of LOC is concerned, the same came to be opened on 11.12.2020 and since the duration of the LOC was being of one year, no request thereafter has been made by the Department to extend the same.

3. Insofar as prayer (a) is concerned, learned counsel for the petitioner submits that after issuance of the Show Cause Notice, the petitioner was granted interim protection by this Court vide order dated 02.08.2021, which stands confirmed vide order dated 07.10.2021 passed in BAIL APPLN. 2815/2021.

4. Learned counsel for the petitioner, on instructions, submits that if no Reply has been filed to the Show Cause Notice till date, the same would be filed within a period of one week from today.

5. Learned counsel for respondent No. 1/UOI submits that as and when the Reply is received, the same shall be considered in accordance with law within a period of six weeks'.

6. In view of the above, at this stage, learned counsel for the petitioner, without prejudice to the rights and contentions of the petitioner, on instructions, seeks leave to withdraw the present petition.

7. The petition is accordingly dismissed as withdrawn.

MANOJ KUMAR OHRI, J MARCH 15, 2022 p'ma Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SANGEETA ANAND Signing Date:21.03.2022 16:40:50