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2025 DAILYLAW 37510 (ALL)

SUSHIL MISHRA v. STATE OF U.P. AND 2 OTHERS

WRIC/10443/2025 · 2025-04-08

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51688-DB Court No. - 40 Case :- WRIT - C No. - 10443 of 2025 Petitioner :- Sushil Mishra Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mujiburrahman Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of the State respondents. 2. This is a writ petition under Article 226 of the Constitution of India wherein the writ petitioner has prayed for the following substantial relief: "1. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent No.2 to issue a character certificate in favour of petitioner." 3. Learned counsel appearing on behalf of the petitioner prays for and is allowed to implead Deputy Inspector General of Police, Gorakhpur as respondent No.4 in the array of the parties during the course of the day. 4. Learned counsel appearing for the petitioner submits that the petitioner filed an application before the authority concerned for issuance of character certificate, however, the same has been rejected vide order dated March 21, 2025. 5. Learned Standing Counsel appearing on behalf of the State respondent submits that against the aforesaid order, the petitioner has an alternative remedy of filing an appeal before the Deputy Inspector General of Police. 6. Upon hearing counsel appearing on behalf of the parties, we are of the view that the petitioner should file an appeal before the respondent No.4, who may decide the same expeditiously. 7. Accordingly, the petitioner is directed to file an appeal before the respondent No.4/Deputy Inspector General of Police, Gorakhpur within a period of two weeks from date. In the event such an appeal is filed by the petitioner within the period indicated above, the respondent No.4 is directed to consider and decide the said appeal by way of passing a reasoned order in accordance with law, within a period of eight weeks from the date of filing of the said appeal. 8. With the aforesaid directions, the writ petiton is disposed of. Order Date :- 9.4.2025 Kuldeep (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- KULDEEP SINGH High Court of Judicature at Allahabad