Character certificate
Arvind Singh Chauhan
(Querist) 28 December 2011
This query is : Resolved
Sir A was prosecuted for 290,291 IPC, and acquitted by court.
"A" applied for character certificate to SDM. SDM call report from concerning police station. Concerning police station submitted report that "A" has been prosecuted for the offence of 290,291 IPC and has been acquitted.
Learned SDM quoted the same line on the character certificate as " accoridng to police record, he has been prosecuted for the offence of 290,291 IPC and has been acquitted."
SDM is not ready to remove this line.
What can be done to remove this stain, if administration does not cooperate.
Devajyoti Barman
(Expert) 28 December 2011
But SDM has also stated that he has been acquitted.
Since A was prosecuted and acquitted, the SDM has done the right thing by reiterating the same.
If this is causing problem then apply for such certificate from other authority.
Nadeem Qureshi
(Expert) 28 December 2011
SDM or any other authority can not remove the line because it is your past & in character certificate the authority always add that line.
why are you worry about this line, I think it is normal, you are not convicted you are acquitted.
s.subramanian
(Expert) 29 December 2011
Prosecution and subsequent acquittal are not considered a stigma since our judicial system believes everyone to be innocent till the guilt is proved.
Deepak Nair
(Expert) 29 December 2011
Agree with the experts.
SDM is right in putting the said line. This will not create any legal hurdle in your future.
Arvind Singh Chauhan
(Querist) 29 December 2011
But Sir there is no such column in the, format as prescribed by state govt.
Army and other forces take it very seriously, while giving employment.
Everybody is not in the capacity to file writ or to take other recourse.
We have seen no administrator insert such lines while issuing character certificates to politician, against whom there are several cases are pending, in some they are acquitted and some are in appeal against conviction.
Shonee Kapoor
(Expert) 01 January 2012
No dear, every person acquitted would be treated at par with a person never prosecuted.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sudhir Kumar, Advocate
(Expert) 28 December 2011
