2021 (6) TMI 290 - HC - GST

Court denies PIL on delay in charge sheet filing under GST Act & IPC, citing no compromise of public interest.

Nitin Singh Bhati Versus Union of India

The High Court declined to admit a Public Interest Litigation regarding the delay in filing a charge sheet in a criminal case under the GST Act and IPC. ... Grant of Regular Bail - in respect of one of the co-accused, charge sheet was not filed within time - HELD 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. The Code of Criminal Procedure is a complete code in itself and it provides for safeguards in respect of detention and it also provides for procedure in respect of investigation. 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 - Admission declined. Issues:1. Public Interest Litigation regarding delay in filing charge sheet in a criminal case under GST Act and IPC.Analysis:The petitioner, a practicing advocate, filed a Public Interest Litigation (PIL) concerning a criminal case in Indore where certain individuals were granted bail, but the charge sheet against one co-accused, Sanjay Matta, was not filed within the stipulated time. The petitioner argued that granting bail before completing the investigation was against public interest and that the investigating agency should have concluded its work within the specified timeframe.The High Court, after considering the facts, held that the PIL was not a matter of public interest. The court emphasized that the Code of Criminal Procedure contains provisions for detention safeguards and investigation procedures. The court stated that the delay in investigation could be due to various reasons, and there was no clear indication of public interest being compromised in this case. Therefore, the court found no justification to intervene in a matter related to the non-filing of a charge sheet within the prescribed time.In conclusion, the High Court declined the admission of the petition, stating that there was no basis for interference in a public interest litigation concerning the delay in filing the charge sheet. The court emphasized that the legal framework provides for adequate safeguards and procedures in such situations, and no compelling reason was presented to warrant judicial intervention. The judgment highlighted the importance of upholding the legal process and respecting the procedural aspects of criminal investigations.