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Rabish Kumar Singh v. State Of U.P. And Others - WRIT - A No. 7426 of 2007  RD-AH 2264 (12 February 2007)
Court No. 38
Civil Misc. Writ Petition No. 7426 of 2007
Rabish Kumar Singh
State of U.P. and others
Hon'ble V.K. Shukla, J.
Petitioner had applied for consideration of his candidature as police constable. For the purpose of character verification and antecedent, petitioner was asked to file an affidavit. In the affidavit so filed, petitioner made categorical statement of fact that neither any police case was registered against him nor was any charge sheet issued to him. For ascertaining the correctness of the aforesaid fact, report was called for, and then from the report dated 13.12.2006 submitted by Superintendent of Police, Chandauli, it was revealed that against petitioner, case crime No.5 of 2005 under Sections 304B, 498A and 201 I.P.C. and 3/4 of Dowry Prohibition Act had been pending trial. Thus, petitioner had given wrong disclosure, and in this background, candidature of petitioner has been cancelled.
Sri Munna Pandey, learned counsel for petitioner, contended with vehemence that in the criminal case referred to above, competent court has acquitted the petitioner on 19.01.2007, as such said criminal case cannot be made foundation and basis for non-suiting the candidature of petitioner.
Learned Standing Counsel, on the other hand, contended that issue in the present case is with regard to furnishing false information and subsequent acquittal has no bearing and once it is found that petitioner had filed false affidavit, then candidature of petitioner has been rightly cancelled.
After respective arguments have been advanced, factual position, which emerges, is to the effect that petitioner had been selected for the post of constable in Police Department, and on being asked to file affidavit for the purpose of character verification and antecedent, he furnished false information in the affidavit so filed, categorically mentioning that neither any police case was registered against him nor was any charge sheet issued to him. From the report dated 13.12.2006 submitted by Superintendent of Police, Chandauli, it was revealed that against petitioner case crime No.5 of 2005 under Sections 304B, 498A and 201 I.P.C. and 3/4 of Dowry Prohibition Act had been pending trial. Once petitioner had given false information concealing the factum of pendency of any criminal case against him, subsequent acquittal in the criminal case will not improve the case of petitioner and will not exonerate him of the charges of furnishing false information, as held in in the judgment rendered in Special Appeal No.335 of 2005, Ashok vs. DIG, CRPF decided on 16.12.2005.
Consequently, there is no infirmity in the impugned order. Writ petition is dismissed.
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