Order on Delay Condonation Application
1. This is an application seeking condonation of delay in filing this appeal.
2. Heard.
3. Delay in filing this appeal is explained satisfactorily. It is hereby condoned. The application is accordingly allowed.
4. Let this appeal be registered with regular number and old number shall also continue to be shown in bracket for finding out details of case, whenever required by parties with reference to either of two number.
Order Date :- 27.2.2018 sailesh
1. Heard learned Standing Counsel and perused the record.
2. This intra-Court Appeal under Chapter-VIII Rule 5 of Allahabad High Court Rules, 1952 has arisen from judgment and order dated 01.08.2011 passed by learned Single Judge in Civil Misc. Writ Petition No. 54975 of 2008 (Tejveer Singh vs. State of U.P. and others).
3. The selection and appointment of petitioner-respondent on the post of Constable was cancelled vide order dated 11.08.2007 on the ground that a Criminal Case No. 126 of 1999, under Sections 323, 504, 506 I.P.C. read with Section 3(1)(x) Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act was pending against him and he has filed a false affidavit stating that no criminal case is pending against him.
4. In the writ petition, the petitioner-respondent took a ground that he has no knowledge of the aforesaid case till he receives summons from the court below. At the time of filing of affidavit, he has no knowledge at all.
5. Learned Single Judge has found from record that order was issued by the trial court under Section 319 Cr.P.C. summoning petitioner-respondent on 26.10.2005. It is also not disputed that affidavit was filed by petitioner-respondent in the year 2005 i.e. prior to service of the aforesaid summoning order. Learned Single Judge, therefore, found that there was no case of filing of false affidavit in this case.
6. Despite repeated query, learned Standing Counsel could not show that petitioner-respondent had knowledge of pendency of any criminal case against him at the time of filing affidavit, wherein he has stated that no criminal case is pending against him. The order was passed under Section 319 Cr.P.C., which means trial was going on and he was summoned by trial court on the basis of some material come before it, during trial.
7. If that be so, it cannot be said that any case was pending against petitioner-respondent before 26.10.2005, when summoning order was passed.
8. Having regard the entire facts and circumstances of the case, we find no force in the present appeal.
9. The appeal lacks merits. Dismissed.
Order Date :- 27.2.2018 sailesh