RAMENDRA KUMAR v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS
WRIC/8571/2025 · 2025-09-03
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162303 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162303 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8571 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard the learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4. 2. This petition has been filed by the petitioner for the following prayers:-
"(i) Issue a writ, order or direction in the nature of mandamus, thereby directing the opposite party No.2 to issue character Certificate of the petitioner (contained annexure no.1) in the interest of justice. (ii) To issue any other suitable order or direction writ, order or direction which this Hon'ble Court may deem just, proper and suitable may be passed in favour of the petitioner. (iii) Allow the writ petition with cost."
3. The learned counsel for the petitioner says that the petitioner was implicated as accused in Case Crime No.221 of 2008, under Section 354 IPC and was convicted by the Special Chief Judicial Magistrate (Custom), Lucknow, by an order dated 12.12.2024 and, therefore, Character Certificate is not being issued to the petitioner. The counsel for the petitioner has placed reliance upon judgment rendered by the Division Bench of this Court on 28.05.2025 in the Versus Counsel for Petitioner(s) : Rahul Mishra Counsel for Respondent(s) : C.S.C. Ramendra Kumar .....Petitioner(s) State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home And 3 Others .....Respondent(s)
case of Anil Kumar Vs. State of U.P. and 3 others. 4. Learned Standing Counsel has pointed out that after the order dated 12.12.2024 passed by the Special Chief Judicial Magistrate (Custom), Lucknow, in Criminal Case No.3802951 of 2008 arising out of Case Crime No.221 of 2008, under Section 354 IPC. It appears that on the basis of the order dated 12.12.2024 some Award of Fine/ Compensation has also been made and compensation under Section 357 IPC has been imposed of Rs.20,000/- of which an amount of Rs.10,000/- has to be given to the victim of the offence and also under Sections 323 and 379 IPC, the amount of Fine/ Compensation has been awarded Rs.27,000/- and out of the said amount Rs.13,500/- has to be given to the victim of the offence. 5.
5. However, it is not clear as to why the Character Certificate cannot be issued by the Respondents taking into account the observations made by the Division Bench of this Court in Anil Kumar Vs. State of U.P. and 3 others, the appropriate Authority was issued a Character Certificate may mention the condition of the petitioner under Section 354 of the IPC and the imposition of punishment of fine of Rs.20,000/- while issuing such Character Certificate. 6. The writ petition stands disposed of. September 3, 2025 N.PAL WRIC No. 8571 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench