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Rabish Kumar Singh v. State Of U.P. & Others - SPECIAL APPEAL No. 393 of 2007 [2007] RD-AH 6000 (3 April 2007)


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Chief Justice's Court

Special Appeal No. 393 of 2007

Rabish Kumar Singh vs. State of U.P. and others


Counsel for the appellant:  Mr. Rakesh Pande

Counsel for the respondents:        Mr. G.C. Upadhyay, SC


Hon'ble H.L. Gokhale,CJ

Hon'ble Ashok Bhushan,J

1. Heard Mr. Pande, learned counsel for the appellant and Mr. Upadhyay, learned standing counsel appearing for the respondents.

2. The appellant had appeared for selection as a police constable. He was required to give an affidavit wherein he was to make a true disclosure. Amongst others, he had to show whether any case was pending against him. He made a statement in the affidavit that no case was pending against him. But, in fact, he was facing a prosecution under sections 304B, 498A and 201 IPC read with Dowry Prohibition Act. In view of this position, his candidature was cancelled. He filed a writ petition. The learned Single Judge dismissed it.

3. Mr. Pande, learned counsel appearing for the appellant submits that subsequently the appellant had been acquitted. The other submission is that he signed the paper without understanding what he was signing because there were so many people who were to sign the affidavit. It is not possible to accept either. His subsequent acquittal cannot be an explanation to make a statement on oath, which was not correct on the date on which it was made. Secondly, if he signed an affidavit as claimed without understanding the subsequent consequences, his candidature ought to have been cancelled on that ground itself.

4. The appeal is dismissed.


RK/                  (Chief Justice)

                                          (Ashok Bhushan,J)


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