BHUPENDER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This application, under Sec. 482 Crimial P.C., is instituted against the judgment and order dated 02.07.2016, rendered by learned 3rd Additional Sessions Judge, Haridwar in Criminal Revision No.224 of 2016.

(2.) Key facts necessary for adjudication of this petition are that applicant had applied for the post of constable in Uttarakhand Police on 31.08.2001. He submitted an application in prescribed proforma to the Senior Superintendent of Police, Haridwar. He participated in the selection process and undergone the physical test. The written test was also conducted by the department. The applicant was also directed to report in the office of Senior Superintendent of Police, Haridwar on 10.10.2001. One Sri Sitaram S/o Sri Nathuram, resident of Village Simli Mal Godam Road, Laksar, Police Station Laksar filed a complaint against the applicant. The gist of the complaint was that a case was pending against the applicant before the court of learned Ist Additional Sessions Judge, Haridwar under Sections 147, 148,452 & 304 of IPC. Thus, the applicant has sworn a false affidavit at the time of his recruitment to the post of Constable. Consequently, the first information report was registered against the applicant under Sections 420, 468 & 471 of IPC, at Police Station Ranipur, District Haridwar. The matter was investigated and the challan was put up against the applicant.

(3.) The applicant had also approached this Court seeking quashing of summoning order dated 10.06.2002 passed by Chief Judicial Magistrate, Haridwar in Criminal Case No.1919 of 2002 by way of filing Misc. application No.561 of 2005 under Sec. 482 Crimial P.C., which was rejected by this Court vide order dated 209.2011.