D. Sreekanth vs The State Of Andhra Pradesh
2021 Latest Caselaw 3561 AP

                                 1
                                                                 CMR, J.
                                                     W.P.No.16996 of 2021




THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                 Writ Petition No.16996 of 2021

ORDER:

This writ petition under Article 226 of the Constitution of

India is filed seeking mandamus declaring the action on the

part of respondents 2 and 3 in not closing the F.I.R. in Crime

No.18 of 2015 registered for the offences punishable under

Sections 448, 355, 509, 506, 323 r/w.34 of IPC against the

petitioner by Chinnachowk U/G Police, YSR Kadapa District,

even after the case ended in acquittal as per the Award passed

by the Lok Adalat on 14.03.2015, as illegal and

unconstitutional and consequently, sought direction to the

police to close the aforesaid F.I.R.

2. Heard learned counsel for the petitioner and the

learned Assistant Government Pleader for Home appearing for

the respondents.

3. As per the facts pleaded, it appears that a case in

Crime No.18 of 2015 was registered against the petitioner by

Chinnachowk U/G Police, YSR Kadapa District, for the offences

punishable under Sections 448, 355, 509, 506, 323 r/w.34 of

IPC. During the pendency of the trial of the case, it is stated

that both the de facto complainant and the petitioner entered

into a compromise and as per Award passed by the Lok Adalat

on 14.03.2015 in LAC No.103 of 2015 on the file of the District

Legal Services Authority, Kadapa, YSR Kadapa District, the

CMR, J.

W.P.No.16996 of 2021

petitioner was acquitted in the said case. However, it is stated

that as the F.I.R. copy, which was uploaded in the website of

the Police Department, has not been deleted, that when the

petitioner got employment as a Constable in CISF that the

concerned authority is not issuing appointment order on the

ground that the petitioner got criminal background on account

of registration of aforesaid crime. Therefore, the petitioner is

before this Court by way of filing this Writ Petition seeking the

aforesaid relief.

4. The only grievance of the petitioner is that as the F.I.R.

is still available in the website of the Police Department even

after his acquittal in the said case, as per the Lok Adalat Award

dated 14.03.2015, that appointment order is not being given to

him even after he was selected for the post of Constable in CISF

and as the said F.I.R. is now still available in the website of the

Police Department and that it is being an impediment for him

to seek employment in Government service.

5. Learned Assistant Government Pleader for Home

appearing for the respondents, on instructions, would submit

that as per the prevailing system, whenever any case is

registered, the concerned F.I.R. will be uploaded in the official

website of the Police Department and even the result of the case

will be noted in the said website. So, after the petitioner was

acquitted as per the Lok Adalat Award, dated 14.03.2015, the

said fact that the petitioner was acquitted was also shown in

CMR, J.

W.P.No.16996 of 2021

the official website of the Police Department. Therefore, the fact

that the said F.I.R. is still available in the website of the Police

Department cannot be an impediment to the petitioner to

secure any employment in the Government service. He would

further submit that even the Superintendent of Police, Kadapa

District, also issued police verification certificate to the

petitioner certifying that the petitioner, who is accused No.3 in

the above Crime No.18 of 2015, was acquitted as per the Lok

Adalat Award, dated 14.03.2015, on account of the compromise

that was entered into between both the de facto complainant

and the petitioner. Therefore, this certificate would be ample

evidence for the petitioner to place before the concerned

authorities to show that he was acquitted in the said case.

6. The petitioner has produced the proceedings dated

26.06.2021 issued to him by the office of Deputy Inspector

General, CISF, directing him to appear before the Standing

Screening Committee with certain documents which are

specified in the table shown in the said proceedings. As per

said proceedings, he was also directed to produce the judgment

relating to the said case. Therefore, the petitioner is at liberty

to appear before the said Standing Screening Committee along

with the judgment showing his acquittal i.e. Lok Adalat Award

and also the police verification certificate issued by the

Superintendent of Police, Kadapa, in proof of his acquittal in

the said case. So, without appearing before the said Standing

Screening Committee with the aforesaid documents to

CMR, J.

W.P.No.16996 of 2021

substantiate before the committee that he was acquitted in the

said case, the petitioner has now approached this Court by way

of filing this Writ Petition seeking a direction to police to delete

the F.I.R. from the website of the Police Department.

7. As per the programme that was arranged by the Police

Department, it is brought to the notice of this Court by the

learned Assistant Government Pleader for Home that once the

F.I.R. is uploaded in the website, that it cannot be deleted and

only the result of the case will be shown in the website.

8. Therefore, in the said facts and circumstances of the

case, there is no merit in the contention of the petitioner that

there has been inaction on the part of the police concerned in

not deleting the F.I.R. from the website of the Police

Department. The bona fide acts of the police are very much

apparent from the police verification certificate that was issued

by the Superintendent of Police, Kadapa, certifying that the

petitioner was acquitted in the said case.

9. Ergo, the Writ Petition is disposed of with a direction

to the petitioner to place the police verification certificate and

the Lok Adalat Award before the concerned authority for the

purpose of showing that he has been acquitted in the said case

and it cannot be an impediment for his appointment as CISF

Constable in Government service. If still the concerned

authorities reject his candidature for any such appointment in

the Government service on the ground that F.I.R. is available in

CMR, J.

W.P.No.16996 of 2021

the website of Police Department, the petitioner is at liberty to

question the same before the Court of law. No costs.

Consequently, miscellaneous applications, pending if any,

shall stand closed.

________________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date:16.09.2021.

cs