Neutral Citation No. - 2025:AHC:117188 Court No. - 4 Case :- WRIT - A No. - 9806 of 2025 Petitioner :- Arun Kumar Respondent :- The State Of U.P. And 8 Others Counsel for Petitioner :- Atipriya Gautam,Sr. Advocate,Vinod Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. 1. Heard Shri Vijay Gautam, learned Senior Advocate assisted by Shri Atipriya Gautam, learned counsel for petitioner and learned Standing Counsel. 2. Petitioner who has been selected as Constable in Civil Police Recruitment, 2023, is aggrieved by the order dated 19.06.2025 passed by the Commissioner of Police, Gautam Buddh Nagar, 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 has concealed the material fact of pending criminal case being Case Crime No. 0505 of 2024 under Sections 115(2)/352/351(3) & 333 BNS. 3. 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 26.09.2024 and, hence, there was no occasion to refer to any such first information report after the last date of application, vide advertisement dated 23.12.2023 filled up by the candidate, namely, petitioner. In this regard he has taken the Court to the first information report brought on record as Annexure No. 8 to the petition. However, when final police report under Section 173(2) came to be filed on 08.11.2024 petitioner was not charged therein as upon investigating police did not find involvement of petitioner in the commission of alleged crime. 4. 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 a 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 named in the charge sheet qua criminal case on the date of submission of form 92 i.e. 13.05.2025 the authority concerned 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 0505 of 2024 under various sections disclosed under the order impugned came to be registered only on 26.09.2024. 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 26.09.2024 as there was no charge sheet as such and hence there could not have been any disclosure in declaration form No. 92 submitted by the petitioner on 13.06.2025. Thus, I find the order passed by the Commissioner of Police, Bijnor is without any due application of mind and is rendered unsustainable. 7. Accordingly the order dated 19.06.2025 is hereby quashed. Writ petition is allowed. 8. The matter is remitted in the first instance directing the Superintendent of Police concerned to revisit his decision for character verification certificate and in the event he issues character verification certificate, the respondent police authorities shall pass appropriate orders regarding appointment of petitioner. Order Date :- 18.7.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad