SATISH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Vijay Gautam, learned Counsel for the Petitioner and learned Standing Counsel for the Respondents.

(2.) Petitioner after selection was recruited and appointed as a Constable in police force on 17.11.2006. Thereafter, he was sent for training at Police Training College, Moradabad. After having completed about 9 months of training, he was served with the order dated 06.08.2007 passed by Senior Superintendent of Police, Bareilly cancelling his selection on the ground that at the time of recruitment, he filed a false affidavit in relation to column provided for declaration in respect of criminal cases registered or pending against him as he failed to disclose Case Crime No. 49 of 2001 under Sections 147, 148, 149, 323, 324 and 308 I.P.C.

(3.) Sri Vijay Gautam, learned Counsel for the Petitioner has submitted that the Petitioner was selected and appointed in the year 2006 and alleged criminal case was registered on 25.02.2001. During investigation, the implication of the Petitioner was found to be false, hence, he was not charge sheeted. However, subsequently, he was summoned by the Additional Sessions Judge, Court No. 6 under Section 319 Code of Criminal Procedure to stand trial and was acquitted vide judgment and order dated 5th March, 2004. It has further been submitted that since there was no clause requiring that if there was a criminal case in the past and has resulted in acquittal, then also the fact was to be mentioned in the declaration form and, thus the Petitioner in good faith, did not disclose the same as he was not charge sheeted, but summoned under Section 319 Code of Criminal Procedure and was acquitted.