STATE OF UP Vs. SUBHASH CHANDRA JAISWAL

JUDGEMENT

(1.) Leave granted.

(2.) Ordinarily we would have been loath to entertain an appeal by special leave challenging the interim order, but we are compelled to do so in the instant case. There is a singular reason for the same since the High Court has travelled much beyond the lis to issue directions which, we are disposed to think, it could not have.

(3.) The factual matrix as unfolded is that the District Magistrate, Allahabad and Raibareli granted excise licence to run country liquor shops under U.P. Excise (Settlement of Licenses Retail Sale of Country Liquor) Rules, 2002, license for foreign liquor under U.P. Excise Settlement of Licenses for Retail Sale of Foreign Liquor (excluding Beer and Wine) Rules, 2001 and license for model shop under U.P. Excise (Settlement of Licenses for Retail License for Model Shop of Foreign Liquor) Rules, 2003. One of the eligibility conditions for grant of license is that licensee and his family members must possess good moral character and have no criminal background. As the facts would uncurtain, an FIR dated 6.2.2016 was lodged by the respondent No. 1 which gave rise to Crime No. 0049 of 2016 under Sections 419, 420, 467, 468, 471 IPC at Police Station George Town, District Allahabad. It was alleged in the FIR that Vinod Kumar Tripathi and his wife Asha Tripathi, respondent nos. 2 and 3 respectively had committed fraud and forgery by opening bank account in the name of the respondent no.1 by affixing his photograph, submitting his ID and had withdrawn amount by forging his signature and deposited the security amount with District Excise Officer, Allahabad. The endeavour was to highlight that the said respondents had the criminal antecedents.