Jammu & Kashmir High Court
Mukesh Chand Age 35 Years vs State Of Jammu & Kashmir Through on 13 February, 2024
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
Sr.No. 40
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- OWP No. 1132/2016
IA No. 1/2016
Mukesh Chand age 35 years ....Appellant(s)/ Petitioner(s)
S/o Late Sh. Munshi Chand Antal
R/o W.No. 03, H.No. 115, Adarsh Colony
Tehsil & District Udhapur.
Through :- Mr. Tushar Chopra, Advocate
V/s
1. State of Jammu & Kashmir through ....Respondent(s)
District Magistrate, Udhampur.
2. Senior Superintendent of Police,
Udhampur.
3. Superintendent of Police, Udhampur.
4. S.H.O. Udhampur
Ms. Sagira Jaffar, Assisting Counsel to
Through :- Mrs. Monika Kohli, Sr. AAG
CORAM: HON'BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
JUDGMENT(ORAL)
13.02.2024
1. The petitioner through the medium of instant petition filed under
Article 226 of the Constitution of India, is seeking direction to the respondents to
consider that the conviction made in FIR No. 62/2013 of Police Station
Udhampur for offences punishable under Sections 279/337 RPC does not
involve moral turpitude.
2. The case of the petitioner is that he was involved in FIR No.
62/2013 of Police Station Udhampur for offences punishable under Sections
279/337 RPC. A challan was presented before the trial Court in which he
pleaded guilty and accordingly he was convicted for the said offences and was
sentenced to pay fine of Rs.500/- and Rs.300/- respectively.
3. Learned counsel for the petitioner submits that the petitioner made
an application before respondent No.3 for issuance of Character Certificate in his
favour, as the same was required by him for applying the Contractor
License/Card, but the same was denied to him on the ground that he was
involved in FIR No. 62/2013 of Police Station Udhampur for offences
punishable under Sections 279/337 RPC. Therefore, the petitioner moved this
petition seeking direction to the respondents to issue Character Certificate, as the
act for which he has been convicted, does not amount to moral turpitude. He
further submits that the certificate issued by the respondents is to the effect that
he was convicted for the offences referred above and they have not issued the
certificate, which was required by him for the purpose of applying for issuance
of Contractor License/Card.
4. Learned counsel for the petitioner has relied upon the judgment of
Hon'ble the Supreme Court in case titled Pawan Kumar vs State of Haryana
and Another, reported in 1996 Legal Eagle (SC) 903 in support of his
contention that the offences do not amount to moral turpitude, for which the
petitioner has been convicted.
5. Learned counsel for the respondents submits that the respondents
would consider the application of the petitioner for issuance of a Character
Certificate and while processing for issuance of the same, they would not be
influenced by the order of conviction and sentenced recorded in FIR No.
62/2013 of Police Station Udhampur for offences punishable under Sections
279/337 RPC.
6. In view of the above, it is observed that the offences under sections
279/337 RPC for which the petitioner has been convicted by the trial Court do
not amount moral turpitude, therefore, such conviction and sentence cannot
come in the way in processing the application for issuance of a Character
Certificate in favour of the petitioner. Accordingly, this petition is disposed of
by providing that the petitioner shall approach the respondent No.2-Senior
Superintendent of Police, Udhampur for issuance of the said Character
Certificate as required by him and the respondent No.2 while processing his
application, shall take into account the effect of the offences, which do not
amount to moral turpitude, for which the accused has been convicted as well as
the judgment referred above.
(Vinod Chatterji Koul)
Judge
Jammu:
13.02.2024
Vijay
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
