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Himachal Pradesh High Court

Pawan Kumar vs State Of H.P And Others on 10 May, 2023

Bench: Tarlok Singh Chauhan, Virender Singh

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

CWP No. 7063 of 2021 .

                                                        Decided on: 10th May, 2023





           Pawan Kumar                                                               ......petitioner





                                                       Versus
           State of H.P and others                                                ...Respondents
           Coram

The Hon'ble Mr. Justice Tarlok Singh Chauhan, Acting Chief Justice The Hon'ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner: Ms. Reeta Hingmang, Advocate.

For the respondents: Mr. J.S. Guleria, Dy. A.G with Mr. Arsh Rattan and Ms. Priyanka Chauhan, Dy. A.Gs.

Tarlok Singh Chauhan, ACJ. (Oral) The instant petition has been filed for the grant of following reliefs:-

i) That writ in the nature of certiorari may kindly be issued and report of the respondent no. 3 regarding pendency of the case under section 498A and 406 P2025 IPC may kindly be quashed, as the same is contrary and repugnant to the orders dated 4.05.2012 passed by Judicial Magistrate 1st class Baijnath whereby the prosecution/ FIR against the petitioner has been withdrawn under section 498-A, 406/34 IPC.

1

Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

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ii) That character certificate issued by the respondent no 4 dated 28.12.2020, under Unique Certificate ID: 897, .

may kindly be quashed and set aside.

iii) That writ of mandamus may kindly be issued to the respondents no. 4 directing him to re-issue the character certificate afresh by deleting the remarks regarding pendency of case FIR no. 70/2010 dated 24.05.2010 in terms of the order passed by Learned Trail Court in the application u/s 321 Cr.P.C."

2. Learned Deputy Advocate General has placed on record instructions dated 02.05.2023 which go to indicate that the petitioner has been discharged by the competent Court.

Since the petitioner stands discharged, therefore, we see no impediment that why the respondents should not issue character certificate to the petitioner, on submission of fresh application by the petitioner for the same. This entire exercise be completed within a period of four weeks from today.

3. The petition stands disposed of in the aforesaid terms. Pending miscellaneous application(s), if any, also to stand disposed of.

                                                 ( Tarlok Singh Chauhan )
                                                    Acting Chief Justice


    May 10, 2023                                       ( Virender Singh )
         (naveen)                                            Judge




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