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2020 Supreme(All) 427
IN THE HIGH COURT OF ALLAHABAD
Bala Krishna Narayana, Ravi Nath Tilhari, JJ.
Jugal Kishore Pandey - Petitioner
Versus
State Of U.P. And Others – Respondents
Writ - C No. - 3175 of 2020
Decided On : 05-03-2020
Advocate Appeared:
For the Petitioner: Rohan Gupta
Point of Law:
According to Law Lexicon, “character” means “estimation of a person by his community; particular qualities impressed by nature or habit on a person which distinguish him from others”. Character lies in the man, it is the mark of what he is, it shows itself on all occasions, reputation depends upon others; and it is what they think of him. According to Oxford Dictionary “character” means “collective peculiarities, sort, style, reputation, description of person's qualities, testimonial, status
Headnote:
Criminal Procedure Code, 1908 – Section 482 – Indian Penal Code, 1860 – Sections 147/149/353/332/504/506 and 323 – Uttar Pradesh Excise Settlement of Licenses for Retail Sale of Foreign Liquor (Excluding Beer) (Sixteenth Amendment) Rules, 2019 – Pendency of Criminal Cases – Cancellation of character certificate – Held, No force in the submission of learned counsel for the petitioner that the impugned order dated 22.1.2020 suffers from violation of the principles of natural justice for non-supply of a copy of the complaint to the petitioner which was filed by respondent no.3 before District Magistrate/respondent no.2 inasmuch as the ground of cancellation of the character certificate i.e. the pendency of the criminal case against the petitioner and its suppression by the petitioner, is not in dispute. The petitioner was afforded opportunity of hearing and was heard before passing the order dated 22.1.2020 – No illegality in the impugned order passed by the District Magistrate – Petition dismissed
Facts of the Case:
Instance of informant/respondent no.3, further investigation was directed and thereafter, a charge sheet dated 8.1.2019 was filed against the petitioner
Finding of the Court:
No force in the submission of learned counsel for the petitioner that the impugned order dated 22.1.2020 suffers from violation of the principles of natural justice for non-supply of a copy of the complaint to the petitioner which was filed by respondent no.3 before District Magistrate/respondent no.2 inasmuch as the ground of cancellation of the character certificate i.e. the pendency of the criminal case against the petitioner and its suppression by the petitioner, is not in dispute. The petitioner was afforded opportunity of hearing and was heard before passing the order dated 22.1.2020 – No illegality in the impugned order passed by the District Magistrate
Result: Petition dismissed
JUDGMENT :
Ravi Nath Tilhari, J.
1. We have heard Sri Rohan Gupta, learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 and 2 and have perused the material brought on record.
2. The petitioner has filed the present petition for the following reliefs :-
“a. Issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned order dated 22.1.2020 passed by the District Magistrate Rampur,
(b). Issue an appropriate writ, order or direction in the nature of mandamus, directing the Respondents to permit the petitioner to participate in the tender (lottery) process for the renewal of his license, scheduled to be held from 28.1.2020 to 3.2.2020, for the allotment of liquor shop for the year 2020-21, in accordance with law,
(c). Issue any other suitable writ, order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case.
(d). Award costs of the writ petition to the petitioner throughout.”
3. The facts of the case as disclosed in the writ petition are that the First Information Report in Case Crime No.223 of 2017 under Sections 147/149/353/332/504/506 and 323 of the Indian Penal Code (IPC) was registered at Police Station Shahabad, District Rampur, against the petitioner on 15.4.2017 in which a charge sheet dated 30.5.2017 was filed against the petitioner but after further investigation under the orders of the Superintendent of Police, Rampur, a final report dated 10.1.2018 was submitted. However, at the instance of informant/respondent no.3, further investigation was directed and thereafter, a charge sheet dated 8.1.2019 was filed against the petitioner. The petitioner challenged the said charge sheet by way of filing Criminal Misc. Application No.10944 of 2019 (Smt. Akhtari and 5 others v. State of U.P. And Another) under Section 482 Cr.P.C., in which this Court by interim order dated 8.8.2019, provided inter alia, that no coercive measures shall be taken against the petitioner. It is stated that in pursuance of the interim order dated 8.8.2019, the process issued against the petitioner in Case No.18 of 2019 (State v. Rafeeq and others) arising out of Case Crime No.223/2017, were recalled by the Additional Chief Judicial Magistrate-II, Rampur by order dated 19.8.2019.
4. The petitioner was issued a character certificate by the District Magistrate/Collector, Rampur on 19.4.2018 despite the F.I.R. dated 15.4.2017. The said certificate was cancelled by order dated 22.6.2019 without affording any opportunity of hearing to the petitioner. Consequently, the petitioner filed Writ – C No.21242 of 2019 (Jugal Kishore v. State of U.P. And 2 others) which was disposed of by this Court by order dated 4.7.2019 with the direction to the District Magistrate/Collector, Rampur, to pass a fresh order in accordance with law, after giving opportunity of hearing to the petitioner. The petitioner filed an application to restore his character certificate but the same was rejected by order dated 22.1.2020 passed by the District Magistrate, Rampur.
5. The petitioner has also stated that he continued to run his allotted liquor shop for the year 2019-20, but in view of the cancellation of the petitioner's character certificate by order dated 22.1.2020, the petitioner would be deprived of participating in the tender proceedings (lottery) for the renewal/allotment of liquor shop for the year 2020-21 scheduled to be held from 28.1.2020 to 3.2.2020 inasmuch as one of the tender conditions is that the applicant for the liquor shop must have a valid character certificate issued by the District Magistrate of the concerned district.
6. It is in the background of the aforesaid facts that the petitioner has prayed for the reliefs mentioned hereinabove for quashing of the order dated 22.1.2020 and for direction to the respondents to permit the petitioner to participate in the process for allotment /renewal of liquor shop.
7. Learned counsel for the petitioner has submitted
