Rajan Kumar vs State Of Himachal Pradesh & Others
2023 Latest Caselaw 16220 HP

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                      CWP No.6538 of 2023




                                                                           .

                                                      Decided on: 12.10.2023

    Rajan Kumar                                                        ....Petitioner.

                      Versus





    State of Himachal Pradesh & others                                 .... Respondents.

    Coram
    Hon'ble Mr. Justice Ajay Mohan Goel, Judge.

    Whether approved for reporting?1
    For the petitioner

    For the Respondents
                          r          :

                                      :
                                          to Mr. Ashwani K. Sharma, Advocate.

                                             Mr. Rupinder Singh Thakur, Mr.

                                             Pushpinder Jaswal,      Additional
                                             Advocate Generals, with Ms. Ranjna
                                             Patial, Mr. Sumit Sharma, Deputy
                                             Advocate Generals and Mr. Rajat
                                             Chauhan, Law Officer.



    Ajay Mohan Goel, Judge (Oral)

By way of this petition, the petitioner has, inter alia,

prayed for the following relief:­

"(a) That a writ in the nature of certiorari may kindly be issued thereby quashing and setting aside impugned

character certificate (Annexure P­4).

(b) That the respondents may very kindly be directed to issue a fresh police clearance certificate/character certificate on the basis of latest status of the FIR No.84,

Whether reporters of the local papers may be allowed to see the judgment?

dated 2.4.2012, registered at Police Station Sadar, Hamirpur, Himachal Pradesh."

.

2. The grievance of the petitioner was that despite the

fact that the trial held against him in FIR No.84, dated 02.04.2012,

registered under Sections 452, 376 and 506 of the India Penal

Code, at Police Station Sadar, Hamirpur, Himachal Pradesh,

having resulted in his acquittal in terms of the judgment dated

25.04.2013, passed by the Court of learned Sessions Judge,

Hamirpur, District Hamirpur, H.P., in Sessions Trial No.0 of 2013,

titled as State of H.P. vs. Rajan Kumar, which judgment was

upheld in appeal by this Court, yet when the petitioner sought a

Police Clearance Certificate, the certificate which was issued to him

vide Annexure P­4, made a reference of the same FIR having been

registered against him and that the case was under trial.

3. In view of the fact that the trial had resulted in

acquittal of the petitioner and the appeal filed against the

judgment passed by the learned Trial court was also upheld by this

Court, the State was called upon to have instructions in the

matter.

4. Today, learned Additional Advocate General has

handed over a copy of instructions issued by Superintendent of

Police, District Hamirpur, H.P., dated 11.10.2023 and in terms of

these instructions, it has been clarified that the office of

Superintendent of Police, Hamirpur, H.P. has directed the

.

concerned SHO of Police Station Sadar, District Hamirpur, H.P. to

make necessary entries in the relevant record so that a fresh Police

Clearance Certificate can be issued to the petitioner on his

application.

5. In this view of the matter, this petition is closed by

ordering the quashing of Police Clearance Certificate, dated

24.03.2023, with a further direction to the respondents to issue a

fresh Police Clearance Certificate in favour of the petitioner, not

later than 21.10.2023.

6. Pending miscellaneous applications, if any, stands

disposed of.

(Ajay Mohan Goel)

Judge October 12, 2023 (Rishi)