Neutral Citation No. - 2025:AHC:109769 Court No. - 4 Case :- WRIT - A No. - 9252 of 2025 Petitioner :- Sagar Kumar Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Atipriya Gautam,Krishna Murti Singh Yadav,Shyam Sharan Shrivastava,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Supplementary affidavit filed today is taken in record. 2. Heard Shri Vijay Gautam, learned Senior Advocate assisted by Shri Pratiyush Srivastava, learned Advocate holding brief of Shri Atipriya Gautam, learned counsel for petitioner and learned Standing Counsel. 3. Petitioner who has been selected as Constable in Civil Police Recruitment, 2023, is aggrieved by the order dated 04.06.2025 passed by the District Magistrate, Meerut whereby he has shown his inability to issue character verification certificate in the light of the provisions contained under the Government Order dated 28.04.1958 on the ground that petitioner in his affidavit/ declaration form 92 filled up on 26.04.2025 concealed the material fact of pending criminal case being Case Crime No. 98 of 2025 under Section 308, 318(4), 309 (4), 317 (2) BNS and 13/2 of the U.P. Public Examination (Prevention of Unfair Means) Act 2024 and also the consequential order dated 10.06.2025 cancelling the candidature of the petitioner. 4. It is contended on behalf of the petitioner by learned Senior Advocate that the case crime number which has come to be referred under the order impugned relates to the first information report under various sections mentioned in the order which came to be registered only on 30.04.2025 and, hence, there was no occasion to refer to any such first information report in the declaration form 92 filled up by the candidate, namely, petitioner on 26.04.2025 i.e. four days prior to the lodging of the first information report. In this regard he has taken the Court to the first information report brought on record as annexure No. 8 to the petition. It is further contended by learned Senior Advocate that the form 92 which has been referred to under the order impugned and which was a declaration to be submitted by the petitioner did not provide for any reference to the criminal case rather vide clause 11 it required a candidate to disclose criminal case in which he has been convicted and if yes then the sentence awarded and the procedure for undergoing sentence prescribed therein. Thus, it is contended that even going by the format prescribed for declaration in which petitioner was to submit declaration, petitioner could not have been refused character certificate on the ground that he did not declare any such pending criminal case. It is further submitted that since petitioner was not implicated in the criminal case on the date of submission of form 92 i.e. 26.04.2025 the Superintendent of Police, Shahjahanpur was not justified in rejecting the character verification report. 5. Learned Standing Counsel on the contrary has sought to defend the order for the reason assigned therein but could not controvert the fact that the first information report in connection with case crime number 98 of 2025 under various sections disclosed under the order impugned came to be registered only on 30.04.2025. 6. Having heard learned counsel for respective parties and having perused the records I find that the concerned authority has miserably failed to notice that first information report came to be lodged only on 30.04.2025 and hence there could not have been any disclosure in declaration form No. 92 submitted by the petitioner four days before, on 26.04.2025. Thus, I find the order passed by the Superintendent of Police, Shahjahanpur is without any due application of mind and is rendered unsustainable. 7. Accordingly the order dated 10.06.2025 is hereby quashed. 8. The matter is remitted in the first instance directing the Superintendent of Police concerned to revisit his decision for character verification certificate as a subject to the outcome of criminal case and in the event he issues character verification certificate, the respondent police authorities shall pass appropriate orders regarding appointment of petitioner. Order Date :- 10.7.2025 Nadeem Digitally signed by :- NADEEM AHMAD High Court of Judicature at Allahabad