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2025 DAILYLAW 193724 (ALL)

SANDEEP DIXIT v. STATE OF U.P. AND 3 OTHERS

WRIC/35455/2025 · 2025-10-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35455 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 State-respondents. 2. The petitioner being aggrieved by order rejecting the online application of the petitioner for issuance of the character certificate by the respondent no.3-Senior Superintendent of Police, District Mathura, has approached this Court by means of the present writ petition. 3. Challenging the aforesaid order, learned counsel for the petitioner has contended that impugned order is cryptic and has been passed without application of mind inasmuch as it has failed to consider the guidelines laid down by this Court in bunch of writ petitions leading of which is 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 impugned order cannot be sustained in law. 4. Per contra, learned Standing Counsel would contend that while rejecting the character certificate, cogent reason has been recorded by the competent authority, and therefore, there is no illegality in the impugned order. 5. Be that as it may, relevant extract of the the impugned order is being reproduced herein below:- "अस्वीकृ त थाने की आख्या के अनुसार -आवेदक उपरो्व की जाँच मुझ उप0 िन0 ्षारा की गयी तो आवेदक उपरो्व पते का िनवासी है मुतािबक सीसीटीएनएस िरपोटर् थाना हाज़ा पर मु0अ0स0 280/2024, धारा 1152/333/3512/33513/352 बीएनएस में पंजीकृ त है अतः संस्तुित नहीं की Versus Counsel for Petitioner(s) : Himanshu Singh Counsel for Respondent(s) : C.S.C. Sandeep Dixit .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) जाती है. " 6. From the order extracted above, it is evident that the impugned order has been passed without application of mind and non-speaking. This Court in the case of Anil Kumar (supra) has laid down the guidelines which has to be adhered by the competent authority before rejecting the character certificate. 7. In such view of the fact, the impugned order cannot be sustained, and is accordingly set aside. 8. The matter is remitted to the respondent respondent no.3-Senior Superintendent of Police, District Mathura to consider the claim of the petitioner for issuance of the character certificate to the petitioner 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 this order. 9. Thus, for the reasons given above, the writ petition is allowed with no order as to costs. 10. It is made clear that if there is any concealment of fact by the petitioner in obtaining the present order, the respondents shall have the liberty to file recall application to recall the said order. October 13, 2025 NS WRIC No. 35455 of 2025 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad