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2025 DAILYLAW 146266 (ALL)

PAWAN KISHOR GUPTA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND 3 OTHERS

WRIC/5896/2025 · 2025-06-18

Attau Rahman Masoodi, Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35736-DB Court No. - 1 Case :- WRIT - C No. - 5896 of 2025 Petitioner :- Pawan Kishor Gupta Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And 3 Others Counsel for Petitioner :- Manoj Sahu Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel the parties. 2. The application for issuance of a character certificate was rejected by opposite party no.2 vide order dated 06.03.2025 3. Learned counsel for the petitioner has submitted that barring for a single criminal case i.e. Case Crime No.0127 of 2019 registered against the petitioner under Sections 323, 504, 506 IPC, the petitioner is not involved in any other criminal case. It is merely on the ground of pendency of the aforementioned criminal case that application for issuance of character certificate has been rejected by the competent authority. 4. Placing reliance upon a judgement of this Court rendered in a bunch of writ petitions leading case being Writ-C No.718 of 2025, it is argued that mere pendency of a criminal case is no bar for issuance of a character certificate to an applicant, as is well settled. 5. The competent authority does not appear to have considered the judgement referred to by the petitioner and no reasons have been recorded in the light of the case law cited before us. 6. We accordingly set aside the order dated 06.03.2025 as contained in annexure no.1 to the writ petition and remit the matter back to the competent authority for considering the application of the petitioner afresh and take necessary decision keeping in view the aforementioned judgement. 7. This exercise shall be completed not later than a period of two weeks from the date of production of a copy of this order. 8. The writ petition is accordingly disposed of. (Subhash Vidyarthi,J. ) (Attau Rahman Masoodi,J.) Order Date :- 18.6.2025 Shahnaz Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench