Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 146015 (ALL)

SHRI RAM v. STATE OF U.P. THRU. SECY. HOME U.P. LKO. AND 2 OTHERS

WRIC/5865/2025 · 2025-06-20

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:35929-DB Court No. - 1 Case :- WRIT - C No. - 5865 of 2025 Petitioner :- Shri Ram Respondent :- State Of U.P. Thru. Secy. Home U.P. Lko. And 2 Others Counsel for Petitioner :- Priyanka Yadav,Pradeep Kumar Maurya Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Sri Manish Mishra, learned Additional Chief Standing Counsel on the basis of instructions has produced a copy of the order dated 19.06.2025 whereby the character certificate prayed for on the strength of an application made by the petitioner has been declined to be issued on account of pendency of a criminal case against the petitioner. The competent authority while passing the order has completely ignored the settled position of law applicable in this behalf. 2. This Court in a recent judgment dated 26.05.2025 passed in Writ-C No.718 of 2025 has clearly opined that mere pendency of criminal case does not come in the way of issuance of a character certificate in favour of the applicant. Although recital of such a pendency of the criminal case is open to be made in the certificate issued in favour of the applicant. 3. That being the position, we find that the order communicated to the petitioner suffers from serious non application of mind and deserves to be set aside on this ground alone. The order dated 19.06.2025 which is taken on record is accordingly set aside with a direction to the competent authority to consider the petitioner's application for issuance of character certificate afresh in the light of the order mentioned above. 4. This exercise for issuance of character certificate shall be completed not later than a period of two weeks from the date of production of a copy of this order before the competent authority. 5. The writ petition is accordingly disposed of. (Subhash Vidyarthi,J.) (Attau Rahman Masoodi,J.) Order Date :- 20.6.2025/Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench