Petitioner Directed to Comply with Investigation and Allowed Counsel Presence The court directed the petitioner to comply with investigation directives, appear before the Competent Officer of the respondent department, and allowed ...
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Petitioner Directed to Comply with Investigation and Allowed Counsel Presence
The court directed the petitioner to comply with investigation directives, appear before the Competent Officer of the respondent department, and allowed access to counsel during the investigation, emphasizing that counsel presence should not obstruct the process. The application seeking monitoring of the investigation was disposed of with these directions, ensuring both parties received a copy of the order for compliance.
Issues: Application seeking monitoring of investigation, Allegations of harassment and non-cooperation by the respondent department, Access to counsel during investigation
Application seeking monitoring of investigation: The petitioner, alleged owner of a firm, raised concerns about being summoned based on forged documents and harassed during investigation. Anticipatory bail was granted earlier, and the petitioner complied with investigation directions. However, repeated summonses and alleged coercive actions caused distress. The petitioner sought relief through the application.
Allegations of harassment and non-cooperation by the respondent department: The respondent department contended that the petitioner's firm was non-existent at the given address but issued significant invoices and conducted transactions. They accused the petitioner of non-compliance with investigation procedures and manipulating attendance records. The department claimed ongoing investigation progress and the petitioner's lack of cooperation as reasons to dismiss the application.
Access to counsel during investigation: The petitioner's counsel argued that the respondent department harassed the petitioner by not acknowledging his presence during investigations and pressuring him to provide specific statements. They requested access for the petitioner's counsel during inquiries to ensure a smooth process. The respondent department, while not opposing counsel presence, emphasized the petitioner's non-cooperation and lack of legal basis for the application.
The court carefully considered both parties' arguments and observed the importance of the petitioner's compliance with the High Court's investigation directives. It acknowledged the need for the petitioner to join the investigation as per court orders and directed the petitioner to appear before the Competent Officer of the respondent department. The court allowed the petitioner access to counsel during the investigation but emphasized that counsel presence should not obstruct the inquiry process. The application was disposed of with these directions, ensuring both sides received a copy of the order for compliance.
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