VISHNU KUMAR SHASTRI Vs. STATE OF HARYANA

JUDGEMENT

(1.) Petition under Section 438 of the Code of Criminal Procedure has been filed for grant of pre-arrest bail in a criminal case arising out from FIR No.0007, dated 26.08.2019, registered under Sections 192/193/451/466 IPC, at Police Station SVB Rohtak, State Vigilance Bureau, Rohtak.

(2.) In nut shell, the case of the prosecution is that on the basis of enquiry No.16 dated 10.09.2018 held by Additional Chief Secretary, Government of Haryana, Vigilance Department, which was initiated on the complaint made by Sh. Gopal Chand Kappor, owner/Director of M/s GNB Brothers, Kundli, District Sonepat, to the effect that the petitioner who was at the relevant time posted as Excise and Taxation Officer, Sonepat, was required to decide the case for the assessment year 2009-2010 by 30.03.2013 but the petitioner has not decided the case within the time. Thereafter, he subsequently, after having been transferred entered in the office on 11.02.2017, a holiday and made entries in the disposal register in order to establish that assessment orders have been passed. Thus, the State has suffered loss of revenue to the extent of Rs.56,85,580/-. During the enquiry, it was found that as per monthly report of March, 2013, cases of assessment years 2009-2010, 2010-2011 and 2011-2012 have not been assessed. Hence, recommendations were made to register the FIR.

(3.) This court has heard learned senior counsel for the petitioner, learned Advocate General, Haryana as well as learned counsel appearing for the first informant M/s DNB Brothers.