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SCA/10618/2008 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 10618 of 2008
For
Approval and Signature:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
======================================
REETABEN
RAJKUMAR VEGDA
Versus
MAMLATDAR
AND EXECUTIVE MAGISTRATE & another
======================================
Appearance :
Mr.
Kruti M. Shah for the petitioner
Mr.
Vipul Mistry, Assistant Government Pleader, for
respondents
======================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 16/09/2008
ORAL
JUDGMENT
1 Rule.
Learned Assistant Government Pleader waives service of Rule on behalf
of the respondents. At the request of learned counsel for the
parties, this application is taken up for final hearing.
2 The
grievance made in this petition under Article 226 of the Constitution
of India is against the Mamlatdar, respondent No.1 herein, in
issuance of ‘Certificate of Character’, dated 14.7.2008, of the
petitioner, wherein, certain remarks have been made against the
husband of the petitioner that offences are registered under Indian
Penal Code at Jetpur City Police Station.
3 Learned
counsel for the petitioner submits that the above remarks made by
respondent No.1 in the said certificate qua the petitioner are
irrelevant, in as much as the petitioner is not accused and no
offence against her is registered. Even otherwise, the offences
punishable under sections 306 and 114 of the Indian Penal Code
registered at C.R. No.29 of 2008 at Jetpur City Police Station
against her husband came to be quashed by this Court [Coram: H.N.
Devani, J.] vide judgment and order dated 27th August 2008
rendered in Criminal Misc. Application No.2726 of 2008 and,
therefore, the whole matter requires a fresh look and the petitioner
is ready and willing to approach respondent No.1 for issuance of
certificate in view of the changed scenario.
4 Learned
Assistant Government Pleader has no objection and submits that the
application of the petitioner will be considered by respondent No.1
after taking into consideration judgment and order dated 27th
August 2008 rendered by this Court in Criminal Misc. Application
No.2726 of 2008.
5 In
view of the above, it is open to the petitioner to make an
application before respondent No.1 and respondent No.1 is directed
to decide the said application and pass appropriate orders in
accordance with law, in view of judgment and order dated 27th
August 2008 rendered by this Court in Criminal Misc. Application
No.2726 of 2008.
6 With
the above direction, this petition stands disposed of. Rule is
discharged with no order as to costs. D.S permitted.
(ANANT
S. DAVE, J.)
(swamy)
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