TMI Blog2023 (3) TMI 1202X X X X Extracts X X X X X X X X Extracts X X X X ..... IGH COURT ], where it was held that the main prayer was for protection from arrest. Therefore, in light of the decision of the NAGPUR CABLE OPERATORS' ASSOCIATION VERSUS COMMISSIONER OF POLICE, NAGPUR AND ORS. [ 1995 (8) TMI 342 - BOMBAY HIGH COURT] decision, the petitions ought to have been filed as criminal writ petitions. The learned Counsel for the Petitioner states that similar course of action as indicated in the case of Akshay Chhabra, be followed and the Petitioner be allowed to approach the concerned Court in respect of prayer of bail and be continued for some time and, as regard the challenge to the constitutional validity of the Indirect Tax enactment is concerned, the same is not being pressed in the Petition. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etition is a Civil Writ Petition moved before the Bench taking up Indirect Taxes. 3. By order dated 6 May 2021, the Petitioner has been released on bail by the Division Bench with the following operative order :- (i) Let formal notice be issued to the respondents; (ii) Petitioner Mr. Krishna Murari Singh shall execute a personal bond for an amount of Rs.50,000/- (Rupees Fifty Thousand Only) before the Jail Superintendent, Taloja Jail; (iii) The concerned Jail Superintendent is directed to ensure that this order is complied forthwith; (iv) Upon release, petitioner shall furnish surety of Rs.5,00,000/- (Rupees Five Lakhs Only) in Remand Application No. V/A/BEL/Gr.C(New)/12-198/Global/2020-21 before the Judicial M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ility; c. This Hon ble Court be pleased to issue a writ of mandamus or any other writ/direction in the nature of mandamus restraining Respondents from filing any criminal complaint against the Petitioner and taking any coercive actions against the Petitioner. 2. The first two prayers are regarding challenge to the constitutional validity of the Act regarding liability arising from the provisions of Central Goods and Services Tax Act ( CGST Act for short). In these petitions a writ of mandamus is sought to restrain the Respondents from filing a criminal complaint, and not to take any coercive action against the Petitioners. 3. By order dated 11 March 2021, the Division Bench passed the following order: For the reas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal writ petition and which circumstances civil writ petition is to be filed and placed before the court as per the allocation of work. The Division Bench made following observations: ..... if the writ petition/application under Articles 226 and/or 227 of the Constitution arises out or relates to a proceeding in which, if carried to its conclusion ultimately it may result in sentence of death or by way of imprisonment, fine or forfeiture of the property then such writ petition/application under Article 226 of the Constitution of India and / or under Article 227 of the Constitution, should be treated as a criminal writ petition and styled as such. For hearing and decision of such petition, it should be listed before the Division Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondents have not challenged. Therefore, in these circumstances, we are inclined to continue the interim order in these petitions for a period of six weeks, for the Petitioners to take steps for the purpose mentioned above. 7. Writ Petitions are accordingly disposed of. Interim order granted in these petitions shall continue for period of six weeks. 4. Similarly, Petition of Daulat Samirmal Mehta V/s. Union of India (Civil Writ Petition No. 471 of 2020, decided on 15/02/2021), which was relied upon while passing order on 6 May 2021 was also disposed of. 5. According to us, the dicta laid down by the Division Bench of this Court (Nagpur Bench) in the case of Nagpur Cable Operators Association V/s. Commissioner of Pol ..... X X X X Extracts X X X X X X X X Extracts X X X X
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