S K AWASTHI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri S. K. Awasthi in person and learned Additional Government Advocate.

(2.) The petitioner, who was an Assistant Commissioner, Trade Tax (subsequently designated as Deputy Commissioner) has filed this writ petition for challenging the order dated 8-3-2006 sanctioning his prosecution under Section 197 of the Code of Criminal Procedure granted by the State Government for an offence under Sections 420/467/468/471/120-B, IPC and consequent prosecution in case No. SST 5 of 2006 pending before the Fast Track Court No. 1, Kanpur Nagar.

(3.) Essentially the allegations in the sanction order were that prior to receipt of the power of attorney from Manni Lai Gupta, the proprietor of the firm Gupta Steel Traders Kanpur, 25 Forms No. 31 were issued to the representative of the aforementioned firm Shri Ram Asray on different dates. The said proprietor dissppeared and as a result of the illegal issuance of Forms 31 by the petitioner in conspiracy with the aforesaid firm, a loss of Rs. 15,27,000/- was caused to the state exchequer.