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2025 DAILYLAW 21877 (ALL)

MS. RADHIKA KALIA v. UNION OF INDIA AND 3 OTHERS

CRLP/3452/2025 · 2025-03-04

Mohd Azhar Husain Idrisi, Vivek Kumar Birla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31553-DB Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 3452 of 2025 Petitioner :- Ms. Radhika Kalia Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Harsh Vardhan Gupta Counsel for Respondent :- A.S.G.I.,Priyanka Midha Hon'ble Vivek Kumar Birla,J. Hon'ble Mohd. Azhar Husain Idrisi,J. 1. List of fresh cases has been revised. No one is present for the respondents. 2. The instant petition has been filed for the following relief: "1. Issue writ, order or direction in the nature of certiorari or any other suitable writ, order or direction calling the record of summons dated 10.02.2025 (Annexure No. 3) issued to the Petitioner by Respondent No. 4, and quash the same; 2. Issue writ, order or direction in the nature of mandamus or any other suitable writ, order or commanding / directing the Respondents not to arrest the Petitioner and not to take any coercive action against the Petitioner in pursuance of summons dated 10.02.2025 under Section 70 r/w 69 of CGST Act, 2017; 3. Issue writ, order or direction in the nature of certiorari or any other suitable writ, order or direction calling the record of Panchnama dated 10.02.2025 drawn at 5th Floor, Plot No.10 & 11, Prius Universal Tower B Add India Height, Opposite Club 125, Religare Enterprises, Sector 125, Noida (Annexure No. 1) and quash the same." 3. Heard Sri Rakesh Kumar Pande, learned Senior Counsel assisted by Sri Harsh Vardhan Gupta, learned counsel appearing for the petitioner. 4. The present petition has been filed challenging the summoning order dated 10.02.2025 issued under Section 70 read with Section 69 of CGST Act, 2017 whereby the petitioner has been summoned to appear before the authority concerned and 10.2.2025 was the date fixed for her appearance. We are not inclined to entertain the present petition. 5. We further find that in a recent judgment dated 27.2.2025 in Writ Petition No. (Crl.) No. 336 of 2018, Radhika Agarwal vs. Union of India decided with bunch of petitions, after considering Section 70 of the GST Act, it has been held by the Hon'ble Apex Court in paragraph nos. 69 & 70 that in case the petitioner has apprehension of arrest she is at liberty to avail the remedy of anticipatory bail. 6. In such view of the matter, there is no good ground to entertain the present petition. 7. The writ petition against the summoning order stands dismissed with liberty to the petitioner to avail the remedy as may be advised. Order Date :- 5.3.2025 M. Tarik Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad