Sri Naresh Kumar Dhavala, vs The State Of Andhra Pradesh
2024 Latest Caselaw 9201 AP

Citation : 2024 Latest Caselaw 9201 AP
Judgement Date : 4 October, 2024

Andhra Pradesh High Court - Amravati

Sri Naresh Kumar Dhavala, vs The State Of Andhra Pradesh on 4 October, 2024

APHC010429602024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                   [3328]
                           (Special Original Jurisdiction)

                   FRIDAY ,THE FOURTH DAY OF OCTOBER
                     TWO THOUSAND AND TWENTY FOUR

                                PRESENT

   THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
                         PRASAD

                       WRIT PETITION NO: 22445/2024

Between:

Sri Naresh Kumar Dhavala,                                 ...PETITIONER

                                  AND

The State Of Andhra Pradesh and Others                ...RESPONDENT(S)

Counsel for the Petitioner:

  1. P VISESWAR RAO

Counsel for the Respondent(S):

  1. GP FOR REVENUE
 The Court made the following:-

ORDER:

1. Heard Sri P.Viseswara Rao, learned Counsel for the Writ Petitioner and

Sri Srinivas Potluri, learned Assistant Government Pleader for Revenue.

2. Learned counsel for the Writ Petitioner submits that after filing of the

present Writ Petition, Respondent No.3 (the Revenue Divisional Officer)

issued Endorsement vide RC No.1300/2024/C/ dated 20.09.2024 and the

same is taken on record. The copy of it has been served on the learned

Assistant Government Pleader.

3. The said Endorsement would indicate that a case has been registered

against the Writ Petitioner in Cr.No.46 of 2024 under Sections 498A IPC and 3

& 4 of the D.P. Act of Disha Urban Police Station, Visakhapatnam.

4. Learned Counsel for the Writ Petitioner submits that the Writ Petitioner,

who retired as a Junior Commissioned Officer in the Navy, has been arrayed

as A5, and that the said case was registered on 09.02.2024. Based on this

information, Respondent No.3 has stated that the petitioner's application for

the issuance of a character certificate cannot be considered until a final

judgment is delivered by the Court. He submits that Respondent No.3 ought

not to have rejected the application of the Writ Petitioner solely on the basis of

the pendency of a Criminal Case.

5. Learned counsel for the Writ Petitioner submits that, under the tenets of

Criminal Jurisprudence followed in India, a person is presumed innocent until

proven guilty. He further submits that a character certificate should be issued based only on the current and past records, with no relevance placed on

future events. He also submits that if the petitioner is completely acquitted in

the future, he would have lost the opportunity of being considered for the post

of Assistant Grade-III in the Food Corporation of India. He has drawn this

Court's attention to the Character Certificate issued by the petitioner's former

employer (Ex.P7), which assesses the petitioner's character at the time of his

release as 'Exemplary.' He has further referred to the Commendation

Certificate granted by the Vice Chief of the Naval Staff (Ex.P9), which states

that the services rendered by the Writ Petitioner were selfless, honest, and

marked by integrity, making him worthy of commendation. This Court places

reliance on both these documents.

6. Having considered the above facts, this Court is of the opinion that the

Endorsement vide RC No.1300/2024/C issued by Respondent No.3, dated

20.09.2024, is erroneous. This Court agrees with the submissions made by

the learned counsel for the Writ Petitioner that the basic tenet of Criminal

Jurisprudence followed in India is that a person is presumed innocent until

proven guilty. Admittedly, the case filed against the petitioner is only at the

F.I.R. stage, where the petitioner has been arrayed as A5. It is also stated that

even a charge sheet has not been filed so far. Therefore, it is inappropriate for

the respondents to rely on the mere registration of a criminal case, especially

under Sections 498A IPC and 3 & 4 of the Dowry Prohibition Act. This Court

also takes note of the fact that the petitioner's character was assessed as

exemplary at the time of his release upon superannuation from the Navy. This Court has no hesitation in placing reliance on the certificates issued by the

petitioner's former employer in considering his character to be exemplary.

7. In view of the above, this Writ Petition is allowed. The Endorsement

issued vide RC No.1300/2024/C dated 20.09.2024 is set aside. Respondent

No.3 is directed to issue a Character Certificate based on the material referred

to above, namely Ex.P7 and Ex.P9, without reference to the case in Cr.No.46

of 2024 under Sections 498A IPC and 3 & 4 of the Dowry Prohibition Act,

Disha Urban Police Station, Visakhapatnam. The certificate shall be issued

within a period of two (02) weeks from today. The Writ Petitioner is directed to

submit a copy of this Order to Respondent No.3 within one (01) week from

today. No order as to costs.

Interlocutory Applications, if any, stand closed in terms of this order.

______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J