Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 192995 (ALL)

UMESH YADAV v. STATE OF UTTAR PRADESH AND 3 OTHERS

WRIC/36272/2025 · 2025-10-16

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 36272 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents. 2. By means of the present writ petition, the petitioner has prayed for the following reliefs: "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 27.08.2025 passed by the District Magistrate, Jhansi (respondent no. 2). (ii) issue a writ, order, or direction in the nature of mandamus commanding the respondent no. 2, i.e. the District Magistrate, Jhansi to issue a Character Certificate to the petitioner forthwith in accordance with law and without being influenced by the two old and disposed criminal cases; (iii) issue a writ, order, or direction in the nature of mandamus commanding the respondent no. 2 to decide the representation dated 12.09.2025, with regard of this Hon'ble Court's order dated 04.08.2025." 3. Challenging the order, learned counsel for the petitioner has contended that the District Magistrate - respondent no. 2 while passing the impugned order has failed to consider the guidelines laid down by this Court in Writ-C No.718 of 2025 (Anil Kumar Vs. State of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. & Others). Accordingly, it is submitted that the impugned order cannot be sustained in law. 4. Learned standing counsel would contend that the District Magistrate - Versus Counsel for Petitioner(s) : Balbeer Singh, Jaswant Singh Counsel for Respondent(s) : C.S.C. Umesh Yadav .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s) respondent no. 2 has given elaborate reason and recorded the finding that because of the criminal cases pending against the petitioner, character certificate cannot be given to the petitioner. 5. Be that as it may, we have perused the impugned order and find that the District Magistrate, Jhansi - respondent no. 2 while issuing the character certificate has not considered the guidelines laid down by this Court in the case of Anil Kumar (supra). 6. Accordingly, we set aside the impugned order and direct the District Magistrate - respondent no. 2 to decide the application of the petitioner for issuance of character certificate afresh in the light of the guidelines laid down by this Court in the case of Anil Kumar (supra) within a period of one month from the date of production of certified copy of the order. October 17, 2025 Arif WRIC No. 36272 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad