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2025 DAILYLAW 11444 (ALL)

VIJAY NAND v. STATE OF U.P. AND 3 OTHERS

WRIC/2928/2025 · 2025-03-02

Shekhar B Saraf, Vipin Chandra Dixit

Criminal Appealbody2025

Judgment text

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Court No. - 40 Case :- WRIT - C No. - 2928 of 2025 Petitioner :- Vijay Nand Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Yadav,C.S.C.,Saroj Kumar Yadav Hon'ble Shekhar B. Saraf,J. Hon'ble Vipin Chandra Dixit,J. 1. Heard learned counsel appearing on behalf of the parties. 2. This is a writ petition under Article 226 of the Constitution of India wherein the petitioner is praying for the following substantial reliefs: "i. Issue a writ, order or direction in the nature of certiorari, thereby quashing the undated rejection order, rejecting the claim of petitioner for issue of Character Certificate in favour of petitioner (Contained as Annexure No.3) to the writ petition). ii. Issue, a writ, order or direction in the nature of mandamus thereby directing the respondent no.3/Superintendent of Police, Bhadohi, to issue the Character Certificate within some stipulated period as deem fit and proper by the Hon'ble Court." 3. Upon hearing counsel appearing on behalf of the parties, we are of the view that the petitioner should file his appeal before the authority concerned which should be decided by the authority concerned. 4. Accordingly, the petitioner is directed to file an appeal online before the respondent No.2/Deputy Inspector General, Varanasi Range, Varanasi within a period of two weeks from date. In the event such an appeal is filed, the respondent No.2, while deciding the appeal by way of a reasoned order, shall examine the fact that the petitioner was convicted for petty offence for a period of six months and is presently on bail having filed a criminal appeal before this Court. Since the offence was committed 17 years ago, the respondent No.2 may take sympathetic view of the same, act in accordance with law and decide the appeal expeditiously, preferably within a period of ten weeks from the date of filing of appeal. 5. With the above directions, the writ petition is disposed of. Order Date :- 3.3.2025 Kuldeep (Vipin Chandra Dixit, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad