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2025 DAILYLAW 165761 (ALL)

RAN VIJAY SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LUCKNOW AND ANOTHER

WRIC/9239/2025 · 2025-09-18

Manjive Shukla, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9239 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE MANJIVE SHUKLA, J. Heard learned counsel for the parties. This petition has been filed with the following main prayer:- "To issue an order or direction in the nature of Mandamus commanding the opposite party no. 2 to issue Character Certificate to the petitioner forthwith." It is the case of the petitioner that the petitioner is a driver of an E- rickshaw. The petitioner intends to apply for a Government scheme, namely, "AshthaRath" for the convenience of the public to take a ride at Sri Ram Mandir, Ayodhya. The petitioner applied for the Character certificate as is required under the Government Order. The respondent no.2 has sought the report from the local Police and it was informed that a criminal Case bearing Case Crime No.278 of 2021 under Section 60 of the Excise Act, Police Station Raunahi, District Ayodhya, was registered against the petitioner. Charge sheet in the case has also been submitted. Learned Counsel for the petitioner says that only because of such Criminal Case as aforesaid, petitioner is not being issued the Character Certificate. It has also been submitted that Clause-IV of the Government Order dated 10.04.2024 and also the earlier Government Orders dated 02.11.2006, Versus Counsel for Petitioner(s) : Laxmi Narayan Gupta Counsel for Respondent(s) : C.S.C. Ran Vijay Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lucknow And Another .....Respondent(s) 12.12.2007, 20.05.2013 guidelines have been issued for controlling activities of mafiose to root out and eliminate criminal elements from participation in Government contracts. The petitioner admittedly is not a criminal. It has further been submitted that in Writ-C No. 41353 of 2023, 'Harish Kumar Vs. State of U.P. and Others', this Court sitting at Allahabad had disposed of the writ petition on 07.12.2023 by observing that such criminal case for the Sections concerned was not so heinous in nature, and therefore, the Superintendent of Police of the District concerned may consider the representation and pass appropriate orders in the case of the writ petitioner therein. We are of the opinion that the matter can be easily resolved by a direction to the District Magistrate, Ayodhya to look into the contents of the F.I.R. and of the Charge Sheet and then take an appropriate decision with regard to the issuance of Character Certificate to the petitioner. Accordingly, this writ petition is disposed of with a direction to the petitioner to make a representation to the District Magistrate, Ayodhya alongwith the copy of this order within a period of one week from today. The District Magistrate, Ayodhya shall take an appropriate decision in accordance with law within a period of three weeks thereafter. September 18, 2025 Anurag WRIC No. 9239 of 2025 2 (Manjive Shukla,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench