Vijay Kumar Verma, J. - (1.) Heard Shri Satish Trivedi, learned Senior Advocate, for the petitioner and learned Additional Government Advocate representing the State. By means of this writ petition the petitioner has prayed for quashing of the FIR dated 13.9.2007 lodged by Shri R.P. Shukla, Sub-Inspector, Economic Offences Wing at case crime No. 1634 of 2007, under Sections 406/420/424/467/468/471/477/120-B/218 Indian Penal Code and 13(1) of Prevention of Corruption Act, police station Nazjbabad, district Bijnor.
(2.) The allegations in the FIR were that the petitioner and others were engaged in unloading sponge iron ingots and other related commodities in U.P, which were dispatched from West Bengal, Jharkhand and Orissa to Uttaranchal, by tampering with the passes without paying trade tax in U.P. during the period 2005-2006, in which the petitioner and others were assisted by Government officials at the check post etc. The report was lodged after preliminary enquiry was conducted by the Economic Offences Wing. An index in the FIR shows that in about 8 or 9 cases the relevant entries were erased in the relevant forms and other irregularities committed so that payment of trade tax in the State of U.P. could be avoided.
(3.) Learned Counsel for the petitioner submitted that as the petitioner's business had already been closed in the month of September, 2005, about which he informed the officials of the trade tax department on 29.9.2005, hence he could not have been engaged in the said illegal trade.;