SHIVAM MAURYA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Siddharth Khare, learned counsel for the appellant and the learned Standing Counsel and perused the records.

(2.) The present appeal is directed against the judgment dated 05.10.2018 passed in Writ A No. 21337 of 2018 by which the learned Single Judge has dismissed the said writ petition on the ground that the petitioner therein cannot be given benefit for suppression of an information despite specific question in the affidavit along with the application form / verification form as to whether he had been convicted by any court of law. The said information as supplied by the petitioner was found to be incorrect by the authorities and as such the authorities concerned were well within their authority to cancel the candidature of the petitioner. The facts of the present matter are as follows:-

(3.) A First Information Report was lodged on 28.06.2013 being Case Crime No. 173 of 2013 under Sections 147, 323, 308, 325, 504, 506 I.P.C., P.S. Kundrapur, District Azamgarh in which the appellant-petitioner was also named as an accused. The appellant-petitioner as was declared a juvenile, his case was taken up by the Juvenile Justice Board, Azamgarh which vide order dated 07.07.2018 convicted the appellant and directed him to be kept under probation for a period of one year along with fine under Section 147 I.P.C. of Rs. 2000/-, under Section 323 I.P.C. of Rs. 1000/-, under Section 308 I.P.C. of Rs. 20,000/-, under Section 325 I.P.C. Rs. 10,000/-, under Section 504 I.P.C. of Rs. 1000/- and under Section 506 I.P.C. of Rs. 2000/- to be paid by the custodian of the appellant-petitioner in view of his committing the offence. It was further ordered that as per the provisions of Section 357 Cr.P.C., 50 % of the fine as realised shall be paid to the victim.