NEHA BHARTI AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
WRIC/8102/2025 · 2025-03-19
Ashwani Kumar Mishra, Donadi Ramesh
body2025
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[ 2025 DAILYLAW 30512 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 30512 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:40380-DB Court No. - 29 Case :- WRIT - C No. - 8102 of 2025 Petitioner :- Neha Bharti And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Noor Mohammad,Wahaj Ahmad Siddiqui Counsel for Respondent :- C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. Petitioner's application for issuance of a Character Certificate apparently has been kept pending by the authorities on the ground that his father-in-law is implicated in a criminal case being Case Crime No.614 of 2023, under Sections- 279, 337, 338 IPC, wherein a charge-sheet has been submitted on 21.12.2023. It is submitted that the implication of petitioner's father-in-law is in respect of an accidental case and it cannot constitute any basis to deny Character Certificate to the petitioner. The submission advanced by learned counsel for the petitioner is that a character certificate cannot be denied to an individual on the ground that a person in close relation is having a criminal history. He further argues that a character certificate is issued always to a person going to the history of that person concerned as it relates to the character of a person individual. He has placed reliance upon a
judgment of the Apex Court in the case of Manyata Devi vs. State of U.P. & others reported in 2015 0 Supreme (SC) 425 whereunder vide para-6 the Court has observed as follows:-
" ... So also there is no dispute that the appellant is not involved in any criminal case or activity of any objectionable kind. That being the position, the District Magistrate should have simply certified her character because that was the only question which the former was called upon to examine while dealing with the request made by the appellant. The District Magistrate, however, appears to have been swayed by considerations wholly extraneous to the question whether the appellant had a good moral character. In the first
order of refusal passed by him, he opined that since the appellant?s husband had criminal cases registered against him, she was disentitled from claiming a certificate of good moral character. Apart from the fact that the cases against the appellant?s husband to which the District Magistrate appears to be referring had ended in his acquittal, it is difficult to appreciate how criminal cases registered against the husband of the appellant could possibly
deny her a certificate of good moral character. ..." In view of the above, we deem it appropriate to direct the District Magistrate- Maharajganj to examine the petitioner's grievance keeping in view the observations made above, by passing appropriate orders within a period of four weeks from the date of presentation of a copy of this order. Accordingly, the present petition stands disposed of.
Order Date :- 20.3.2025 A Gautam Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad