-C'f \ t i-i.:'^ ^v^'> BEFORE THE HIGH QOURTOF JUDICATVRE AT JABAW.5R PETIJIONMi NoP.No» ^0!^ /99 Xadeep Gupta, S/o Shri P,N»Gupta, aged 5^ yrs, Sale s Tax Officer, (uncler suspension ) Atiached to the Dy» Commissioner, Conmercial Taxes, Division No.2, lodore, R/o G/2 Sales Tax Colony, Sudama Nagar, Indore, V/s RESPONDENTSt 1» The State of M,P», through the Princip-al Secretary, Deptto of Commercial Taxes, Mantralaya, Vallabh Bhawan, Bhopalo S 2. Special Police Estabiishment, Lok Ayukt Gffice, Raipur, Oist-feo Raii0ur» through Inspector, 3. Addl. Secretary, Law & Legislative Affairs Deptt»» (aovt. of M,Poy Vallabh Bhawan, Bhopala WRIT PETITION UNDER ARTICLES 226/227 OF THE CONSTITUTION QF INDIA FOR ISSU^CE OF AN APPROPRIATE VBIT XN THE NATORE OF &'SANDM[IUS? DIRECTIONS, ORDERS, P&OHIBITIQN OR THE LIKE» —;.- a-:> XI-HC-22 or^f ^Tpn^f?, 's^ft^pT^, l^rray T^m' TO-ra?-w-<p*2-o-i-9/9-9--.^ 3T?^T^T fe-ITO 3Tl^f '^RN?'^ft?T ^^ s^y ^.~ '' 11.10,2001 : Mr^Prashant Mishra Mr ^Deep Kesharwani ^N^jh ^r^if "H fezt i1^R?R "^" 3Rf^T[ 3TT^T for the petitioner<» for the respondents^ The petitioner is ^ co-accused in one case with another person namely Raj Ki^nar Tiwari. Said Raj Kumar Tiwari co-accused had filed writ pe the proaecution launched ag^inst him^ The said petition was disposed of on 16^4^99, Oper^itive portion of the said order in paragraph 39 which reads fcition No^ 4485/98 for quashing as under $- M Thou^a the petit|lon has been flled under Article 226 of the Constp.tution of India, on following principle laid^-d^wn by their Lordships in the matter of M/s Pet?si Food Ltd Vs^ Special Jixdicial Magistrate ( 199| authortty and poi ? SC 128 ) I would exercise my ^ers under Article 227 of the Constitution of Xndia and section 482 of the Code of Criminal Proo against the pres^nt petitioners^18 Shri Kesharwani states that order and the same is pendin order of stay has been obtai to seek instructions as to ^: in the matter^ The aforesaid ".772" ^dure and quash the .prosecution LiPA was filed against the said 3 at Jabalpur^ It seems that no ^ ied<» Shri Kesharwani prays for time lether stay at a11 ^as granted order was issued on 16»4^99o It la [^•^^ Nt' <3JT^1"^T t^rf^ 3'TT^T -^lN'^it^ J 3TT^T^T^S ( ^t^^lT ) ••2,»3:^^RlTwgf^ three years since the o^ that it will be fair an<pl ^^' petitiort^wtio has been I same case wifch the •)J^^ the case of the ^prf^h ^TR^ff ^' ftTSt ^f^ZR ^'3:iRH? ^Ti^T •der was passed^ It seems reasonable to say that similar relief should b^ available to this writ bbolced in connection with th petitioner in WP 4485/98. wrijt In the result thjis petition is disposed of in terras of the aforesa|id order lAich will squarely ^rit petitioner, ^>-, .i .-^- Sd/- Chief Justice