Rajiv Sharma, J.

This application, under Section 482 Cr.P.C., is instituted against the judgment and order dated 02.07.2016, rendered by learned 3rd Additional Sessions Judge, Haridwar in Criminal Revision No.224 of 2016.

2. Key facts necessary for adjudication of this petition are that applicant had applied for the post of constable in Uttarakhand Police on 31.08.2001. He submitted an application in prescribed proforma to the Senior Superintendent of Police, Haridwar. He participated in the selection process and undergone the physical test. The written test was also conducted by the department. The applicant was also directed to report in the office of Senior Superintendent of Police, Haridwar on 10.10.2001. One Sri Sitaram S/o Sri Nathuram, resident of Village Simli Mal Godam Road, Laksar, Police Station Laksar filed a complaint against the applicant. The gist of the complaint was that a case was pending against the applicant before the court of learned Ist Additional Sessions Judge, Haridwar under Sections 147, 148, 452 & 304 of IPC. Thus, the applicant has sworn a false affidavit at the time of his recruitment to the post of Constable. Consequently, the first information report was registered against the applicant under Sections 420, 468 & 471 of IPC, at Police Station Ranipur, District Haridwar. The matter was investigated and the challan was put up against the applicant.

3. The applicant had also approached this Court seeking quashing of summoning order dated 10.06.2002 passed by Chief Judicial Magistrate, Haridwar in Criminal Case No.1919 of 2002 by way of filing Misc. application No.561 of 2005 under Section 482 Cr.P.C., which was rejected by this Court vide order dated 23.09.2011.

4. Thereafter, an application was filed before learned Chief Judicial Magistrate, Haridwar under Section 321 Cr.P.C. by Public Prosecutor seeking permission to withdraw the prosecution against the applicant on the basis of letter/Government order dated 03.07.2015. The application was rejected by learned Chief Judicial Magistrate, Haridwar vide order dated 19.03.2016. Against the said order, a Criminal Revision was preferred by the applicant before 3rd Additional Sessions Judge, Haridwar bearing No.224 of 2016. Learned 3rd Additional Sessions Judge, Haridwar also dismissed the same on 02.07.2016. Hence, the present petition.

5. The Court has gone through both the orders dated 19.03.2016 & 02.07.2016 and material brought on record carefully.

6. It has come on record that when applicant has sought recruitment in Uttarakhand Police to the post of Constable, he has sworn an affidavit that no criminal case was pending against him. However, the fact of the matter is that the case was pending against him under Sections 420, 467, 468 and 471 of IPC. It also appears that he was also charged under Section 302 IPC as per record.

7. The case of the applicant in a nutshell is that he was made to sign on the blank proforma. The fact of the matter is that proforma was attested by the notary public. The applicant has signed the same. He made a specific declaration that he was not involved in any criminal case, though he was facing the trial.

8. Applicant has sought recruitment in a disciplined force. He should have disclosed about the pendency of criminal case against him. He was required to supply the correct information at the time of making declaration. His subsequent acquittal is of no consequence.

9. This Court is also required to see, how the permission has been accorded to withdraw the prosecution against the applicant, against whom FIR was registered under Sections 420, 468 and 471 of IPC. The withdrawal of the case against the applicant/accused would be against the public interest. Public Prosecutor should apply his independent mind before submission of the application under Section 321 Cr.P.C. He cannot be dictated by orders of the State Government to withdraw the case without any justification. Public Prosecutor discharges statutory duties and hi