SHIV SAGAR v. DISTRICT MAGISTRATE BAHRAICH DISTT. BAHRAICH AND 3 OTHERS
WRIC/7869/2025 · 2025-08-21
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 157741 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 157741 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:49082-DB Court No. - 2 Case :- WRIT - C No. - 7869 of 2025 Petitioner :- Shiv Sagar Respondent :- District Magistrate Bahraich Distt. Bahraich And 3 Others Counsel for Petitioner :- Sameer Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondents and perused the record. 2. This writ petition has been filed by petitioner with following main prayers:
"i. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 1, to issue/renew a character certificate to the petitioner which is pending before opposite party No.1, in the interest of justice. ii. Issue a writ, order or direction in the nature of mandamus commanding the opposite party No. 1 to decide the representation/application dated 16.07.2025 expeditiously in a time-bound manner as contained in Annexure No. 2 to this petition.”
3. It has been submitted by learned counsel for the petitioner that the petitioner had found the status of his application for issuance of character certificate and it has been informed by the concerned police station that Case Crime No.23 of 2021 dated 24.02.2021 under Sections 406, 419, 420 I.P.C., Police Station Kotwali Murtiha, District Bahraich has been registered in which charge sheet dated 28.05.2021 has been filed against the petitioner. 4. It has also been submitted that during the course of trial, witnesses have turned hostile and they have deposed that they had not given any statement to the investigating officer, however, it is not disputed by learned counsel for the petitioner that the said trial is still pending
before the competent court. 5. Learned Standing Counsel has placed before this Court an order dated 26.05.2025 passed in Writ-C No.718 of 2025; Anil Kumar versus State of U.P. and others, wherein the Division Bench in a case relating to similarly situated person has observed that during the course of pendency of a criminal case, character certificate can be issued mentioning therein that particular case crime number has been registered under specific sections in the concerned police station against the applicant. 6.
The Coordinate Bench has also observed that in case, such character certificate is issued, it leaves it open to the employer or department concerned to take decision as to whether in the facts and circumstances mentioned therein, the license or the business activity or the employment, which the applicant seeks, is to be given to him or not as mere pendency of a criminal case involved a petty offence may not necessarily reflect the entire character of the person in a given case. It would be open to the satisfaction of the employer/department concerned, where the applicant has applied, to take appropriate decision. 7. This writ petition is disposed of with direction to the Superintendent of Police, Bahraich to issue character certificate to the petitioner mentioning therein that an F.I.R dated 24.02.2021 bearing Case Crime No.23 of 2021, under Sections 406, 419, 420 I.P.C., at Police Station Kotwali Murtiha, District Bahraich has been registered in which charge sheet dated 28.05.2021 has been filed in the court concerned. . (Brij Raj Singh,J.) (Sangeeta Chandra,J.) Order Date :- 21.8.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench