KHAZAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been been filed for quashing of the impugned order dated 16.10.2015 passed by the State Government, respondent no.1. A mandamus is also sought for restraining the respondent authorities not to arrest the petitioner or adopt any coercive measure against the petitioner in Case Crime No.336 of 2004, under Sections 419, 420, 467, 468, 471, 120B I.P.C. and Section 13(2) of Prevention of Corruption Act, Police Station Tariya Sujan, District Kushinagar.

(2.) Brief facts of the case are that the petitioner while posted as Deputy Commissioner (Commercial Tax) Assessment Range-III, Muzaffar Nagar issued Form-31 to the M/s Shalimar Craft and Tissues Private Ltd., Muzaffar Nagar, respondent No.9 (here-in-after referred to as 'the respondent no.9') on various dates, particulars of which are given here-under: <FRM>JUDGEMENT_106_LAWS(ALL)5_2016.html</FRM>

(3.) The aforesaid Form-31's were issued on applications submitted by the Director of respondent No.9. The said forms were issued to the respondent no.9 Firm after following the procedure prescribed for issuance of Form-31's. The respondent no.9 reported loss of 155 form-31's to the petitioner's office on 15.9.2004 and information about the same was also forwarded to the police station for lodging of an FIR and a publication dated 13.9.2004 regarding loss of 155 form-31's.