WPMS/989/2021
2021 Latest Caselaw 1992 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
              ON THE 22nd DAY OF JUNE, 2021

                               BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


             Writ Petition (M/S) No.989 of 2021

BETWEEN:
  Kirpal Singh                                          .....Petitioner
       (By Mr. S.R.S. Gill, Advocate)



AND:

     State of Uttarakhand & Another               .....Respondents

       (By T.S. Phartiyal, Addl. C.S.C.)



                             JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. Petitioner is a businessman, who resides in Tehsil Bazpur, District Bazpur. He needed a character certificate for business purpose; therefore, he made an application to the Competent Authority. His application for character certificate has been rejected. Feeling aggrieved, petitioner has approached this Court.

3. Learned Addl. C.S.C. submits that an FIR was registered against the petitioner in P.S. Bazpur under Sections 323/506 IPC; therefore, the

Competent Authority was justified in not issuing character certificate to the petitioner.

4. Per contra, learned counsel for the petitioner submits that mere filing of FIR will not be sufficient to deny character certificate, and it can be denied only if guilt of the person concerned, is proved after trial. He further submits that, in the present case, even charge sheet has not been filed, and the matter is still in the stage of investigation. Learned counsel for the petitioner has placed reliance upon a judgment rendered by Coordinate Bench of this Court in Writ Petition (M/S) No.1176 of 2014 Krishna Pal Singh Chauhan vs. District Magistrate Haridwar and others.

5. Facts of the said case are similar to the case in hand, as there also character certificate was denied on account of pendency of criminal case u/s 323, 504 and 506 IPC. The said writ petition was allowed by Coordinate Bench of this Court vide judgment dated 27.05.2014, by placing reliance upon the law laid down by Hon'ble Supreme Court in the case of Pawan Kumar vs. State of Haryana, reported in 1996 (4) S.C.C. 764.

6. Admittedly, in the present case, no charge sheet has been filed, and the FIR registered against the petitioner, is under Sections 323 and 506 IPC. Second 323 and 506 IPC do not constitute moral turpitude. Therefore, the law laid down by the Hon'ble Apex court in the case of Pawan Kumar vs.

State of Haryana, reported in 1996 (4) SCC 764, would apply to the facts of the present case also. Learned Government Pleader also does not dispute that the facts of the present case are similar to the facts of Writ Petition (M/S) No.1176 of 2014.

7. In such view of the matter, the present writ petition is decided in terms of judgment dated 27.05.2014 rendered in Writ Petition (M/S) No.1176 of 2014 Krishna Pal Singh Chauhan vs. District Magistrate Haridwar and others. Accordingly, impugned rejection order is quashed. The Competent Authority is directed to pass order afresh on petitioner's application in accordance with law, as early as possible, but not later than four weeks from the date of production of a certified copy of this order.

(MANOJ KUMAR TIWARI, J.) Rajni