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2025 DAILYLAW 188983 (ALL)

AJAY PRATAP SINGH @ PINTU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND 3 OTHERS

/11841/2025 · 2025-12-09

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11841 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard Shri Mayankar Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents. 2. The application for issuance of a character certificate was rejected by Opposite Party No. 3 vide undated order. 3. Learned counsel for the petitioner has submitted that barring for a single criminal case i.e. Case Crime No. 85 of 2025 registered against the petitioner under Sections 140(1), 140(2), 119(1), 127(7), 191(2), 115(2), 352 & 351(3) of B.N.S., 2023, 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 undated order 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 Versus Counsel for Petitioner(s) : Mayankar Singh Counsel for Respondent(s) : C.S.C. Ajay Pratap Singh @ Pintu .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And 3 Others .....Respondent(s) weeks from the date of production of a copy of this order. 8. The writ petition is accordingly disposed of. December 9, 2025 Lokesh Kumar WRIC No. 11841 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench