Ramesh Kumar Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

Ramesh Kumar Vs State of Hp and Others — Himachal Pradesh HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty reserved to the petitioner to apply, in accordance with law, for grant of a character certificate in the prescribed format; on receipt of such application, the competent authority to do the needful within one week, keeping in view the office instructions dated 04.06.2026 of the Superintendent of Police, District Mandi, the character verification report of the SHO, Police Station Balh certifying the petitioner's acquittal, and the assurance recorded by the Court; pending application(s), if any, disposed of accordingly.

Issue for consideration

Whether the petitioner, who stands acquitted in FIR No. 107/2011 (registered 26.12.2011 under Sections 452, 354, 323 and 506 IPC), is entitled to a Character Certificate that does not reflect the said FIR.

Court's answer

This Court took on record the office instructions dated 04.06.2026 of the Superintendent of Police, Mandi and the character verification report furnished by the Station House Officer, Police Station Balh, which certifies that the petitioner has been acquitted in FIR No. 107/2011 dated 26.12.2011 (registered under Sections 452, 354, 323 and 506 IPC at Police Station BBMB Colony, Sundernagar, District Mandi) vide order dated 07.11.2020 of the learned Judicial Magistrate First Class-II, Sundernagar.

Ratio / Principle

Taking note of the office instructions dated 04.06.2026 of the Superintendent of Police, District Mandi, the character verification report of the Station House Officer, Balh, and the submissions of learned counsel for the parties, the writ petition is disposed of by reserving liberty to the petitioner to apply, in accordance with law, for grant of a character certificate in the prescribed format.

Key takeaways

On receipt of the petitioner's application, the needful (supply of the character certificate in the prescribed format) shall be done by the competent authority, keeping in view the above documents and assurance, within one week thereafter; pending application(s), if any, also stand disposed of accordingly.ratio¶20

Detailed headnote1 paragraphs

Ramesh Kumar v. State of H. P. & Ors., CWP No. 8635/2026 (High Court of Himachal Pradesh, Shimla, decided 05.06.2026) — Jyotsna Rewal Dua, J.: The petitioner, acquitted vide order dated 07.11.2020 passed by the learned Judicial Magistrate First Class-II, Sundernagar in FIR No. 107/2011 (registered 26.12.2011 under Sections 452, 354, 323 and 506 of the Indian Penal Code), complained that the FIR continued to be reflected in his Character Certificate. Pursuant to an interim order dated 27.05.2026, the learned Assistant Advocate General placed on record office instructions dated 04.06.2026 of the Superintendent of Police, Mandi and a character verification report of the Station House Officer, Police Station Balh, District Mandi certifying the petitioner's acquittal, and submitted that the character certificate in the prescribed format can be supplied upon the petitioner applying in accordance with law. Taking note of these documents and the submissions of learned counsel for the parties, the Court disposed of the writ petition by reserving liberty to the petitioner to apply, in accordance with law, for grant of a character certificate in the prescribed format, directing that on receipt of such application the needful shall be done by the competent authority, keeping in view the above documents and assurance, within one week thereafter; pending application(s), if any, also stand disposed of accordingly.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

CWP No. 8635/2026 Decided on: 05.06.2026

Ramesh Kumar …..Petitioner Versus State of H. P. & Ors. ......Respondents

State of H. P. & Ors. ......Respondents ………………………………………………………………………………… Coram

Ms. Justice Jyotsna Rewal Dua , Judge. Whether approved for reporting?¹ For the petitioner: Mr. Hitender Verma, Advocate. For the respondents: Mr. Anup Ratta, Advocate General with Mr. Rajat Chaudhary, Assistant Advocate General.

Jyotsna Rewal Dua , J.

The gist of petitioner’s grievance was noticed in the following order passed in this writ petition on 27.05.2026: -

“Notice. Mr. Rajat Choudhry, learned Assistant Advocate General, appears and waives service of notice on behalf of the respondents.

The only grievance of the petitioner is that in his Character Certificate, FIR No.107/2011, registered on 26.12.2011, under Sections 452, 354, 323 and 506 of the Indian Penal Code at Police Station Balh, District Mandi is still being reflected, whereas the petitioner stands acquitted in the FIR.

Let learned Assistant Advocate General to have instructions in the matter.

List on 04.06.2026.”

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

2

Pursuant to the above, learned Assistant Advocate

General has placed on record a copy of office instructions dated 04.06.2026 from the Superintendent of Police, Mandi, District Mandi, along with a report submitted by the Station House Officer, Police Station Balh, District Mandi. The said report pertains to the character verification of the petitioner and certifies that the petitioner has been acquitted in FIR No. 107/2011 dated 26.12.2011, registered under Sections 452, 354, 323 and 506 of the Indian Penal Code at Police Station BBMB Colony, Sundernagar, District Mandi, vide order dated 07.11.2020 passed by the Court of learned Judicial Magistrate First Class-II, Sundernagar. Learned Assistant Advocate General submits that though the character verification report has been placed on record by the Station House Officer, Balh, District Mandi, however, the character certificate in the prescribed format can be supplied upon petitioner’s applying for same in accordance with law.

Learned counsel for the petitioner is agreeable to the

above.

Taking note of the office instructions dated 04.06.2026 from the Superintendent of Police, District Mandi, as also the character verification report of the petitioner furnished by the Station House Officer, Balh, District Mandi, and the submissions made by learned counsel for the parties, this writ petition is disposed of by reserving liberty to the petitioner to apply, in accordance with law, for grant of a

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character certificate in the prescribed format. On receipt of such application, the needful shall be done by the competent authority, keeping in view the above documents & assurance, within one week thereafter. Pending application(s), if any, also stand disposed of accordingly.

Jyotsna Rewal Dua Judge

05^th June, 2026 (rohit)