Ajay Bhanot, J. - (1.) Heard Sri Kamal Kishor Mishra, learned counsel for the petitioner and Sri Vijay Pratap Singh, learned Standing Counsel for the State.
(2.) The petitioner was selected as a Police Constable in the U.P. Police. The exercise of verification of character and antecedents of the petitioner was made by the State authorities pursuant to his selection. The petitioner was required to submit a declaration in the form of an affidavit. The petitioner made the following declarations on affidavit: ...[VERNACULAR TEXT OMITTED]...
(3.) The affidavit was submitted by petitioner in the verification procedure. The declarations made by the petitioner in the said affidavit that no criminal case was pending against him in a court of law and no criminal case was registered against him were duly verified. The said declarations in the affidavit were found to be false upon the said enquiry. Prior to the date the petitioner made the offending declaration, a criminal case already registered against him as Criminal Case No. 09 of 2003, State Vs. Radheshyam. The said case arose out of Case Crime No. 1642 of 2004, under Sections 147, 323, 504, 506, 452 I.P.C. and was pending against him in the court of learned Additional Chief Judicial Magistrate-I, District Gorakhpur. The F.I.R. was registered as Case Crime No. 1642 of 2004 (State Vs. Radheshyam) against the petitioner and other co-accused persons on 11.07.2003.;