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2025 DAILYLAW 189772 (ALL)

SURESH YADAV v. THE STATE OF U.P. AND 3 OTHERS

WRIC/21672/2025 · 2025-10-14

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 21672 of 2025 Court No. - 9 HON'BLE ARUN KUMAR, J. 1. Heard Sri Sanjai Kumar Pandey, learned counsel for the petitioner and the learned Standing Counsel for the State respondents. 2. The present petition has been filed challenging the order of the respondent no. 3, dated 29.6.2025, passed in Appeal No. 3162525250529101, rejecting the character certificate of the petitioner on the basis of pendency of a criminal case under Section 147, 323, 504, 506 IPC registered at Police Station Kotwali, District Azamgarh. 3. It is contended by the counsel for the petitioner that merely because pendency of a criminal case the character certificate should not have been denied. It has been further contended that the petitioner was pursuing his education at Allahabad when the said first information report was registered at his ancestral home of which he had no information, therefore, he could not disclose this fact in his application. In support of his argument he has relied upon Division Bench Judgement of this Court dated 28.5.2025, passed in Writ-C No. 718 of 2025 alongwith other connected petitions at the Lucknow Bench, in which it has been held that due to pendency of any criminal case the character certificate should not be rejected in fact it should be issued disclosing the material which is available against the petitioner i.e. the details of the criminal case, stage of proceeding, etc. Reliance has been placed upon paragraphs 62 & 63 of the judgment, which reads as under:- "62. In this case also the application of the petitioner for issuance of character certificate has been rejected on account of pendency of a criminal Versus Counsel for Petitioner(s) : Jagannath Gupta, Sanjai Kumar Pandey Counsel for Respondent(s) : C.S.C. Suresh Yadav .....Petitioner(s) The State Of U.P. And 3 Others .....Respondent(s) case bearing Case Crime No. 450 of 2011, under Sections 325, 323, 504 IPC. 63. In view of what has been observed by us in our order dated 26.05.2025 the said rejection is also quashed and the concerned Authority whether it be the District Magistrate or the Superintendent of Police should issue a certificate on the format mentioned in the order dated 26.05.2025 and in terms thereof, within a period of three weeks from the date a certified copy of this order is submitted." 4. In view of the aforesaid facts and the judgment relied upon by the counsel for the petitioner, the order of the respondent no. 3, dated 29.6.2025, passed in Appeal No. 3162525250529101, is set aside. The respondent no. 3 is directed to reconsider the claim of the petitioner for issuance of character certificate in light of the judgment passed in Writ-C No. 718 of 2025, within a period of two months, from the date of presentation of a certified copy of this order. 5. With the above observations and directions, this writ petition stands allowed. October 15, 2025 Ranjeet Sahu WRIC No. 21672 of 2025 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad