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2016 Supreme(SC) 988

DIPAK MISRA, AMITAVA ROY
State of Uttar Pradesh – Appellant
Versus
Subhash Chandra Jaiswal – Respondent


JUDGMENT

Dipak Misra, J.

Leave granted.

2. Ordinarily we would have been loath to entertain an appeal by special leave challenging the interim order, but we are compelled to do so in the instant case. There is a singular reason for the same since the High Court has travelled much beyond the lis to issue directions which, we are disposed to think, it could not have.

3. The factual matrix as unfolded is that the District Magistrate, Allahabad and Raibareli granted excise licence to run country liquor shops under U.P. Excise (Settlement of Licenses Retail Sale of Country Liquor) Rules, 2002, license for foreign liquor under U.P. Excise Settlement of Licenses for Retail Sale of Foreign Liquor (excluding Beer and Wine) Rules, 2001 and license for model shop under U.P. Excise (Settlement of Licenses for Retail License for Model Shop of Foreign Liquor) Rules, 2003. One of the eligibility conditions for grant of license is that licensee and his family members must possess good moral character and have no criminal background. As the facts would uncurtain, an FIR dated 6.2.2016 was lodged by the respondent No. 1 which gave rise to Crime No. 0049 of 2016 under Sections 419, 420, 467, 468, 471














































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