SCA/10618/2008 1/2 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. SCA/10618/2008 2/2 JUDGMENT 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)