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2026 DAILYLAW 370 (ALL)

ANAND KUMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/10455/2026 · 2026-03-18

Saral Srivastava, Sudhanshu Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10455 of 2026 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 dated 06.08.2025 passed by the respondent no.3 rejecting the application of the petitioner for issuance of the character certificate 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 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 the order rejecting the character certificate of the petitioner 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 order rejecting the character certificate of the petitioner. 5. Be that as it may, it is evident that the order rejecting the character certificate of the petitioner has been passed without application of mind. This Court in the case of Anil Kumar (supra) has laid down the guidelines which has to be adhered to by the competent authority before considering the application of character certificate whereas in the instant case, the respondent-authority has not considered the guidelines laid down by this Court in the case of Anil Kumar (supra) while rejecting the character Versus Counsel for Petitioner(s) : Aushim Luthra, Surya Pratap Singh, Utkarshni Singh Counsel for Respondent(s) : C.S.C. Anand Kumar Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) certificate of the petitioner. 6. In such view of the fact, the order rejecting the application of the petitioner for issuance of character certificate cannot be sustained in law and is, accordingly, set aside. 7. The matter is remitted to the respondent No.2-Commissioner of Police, Commissionerate Varanasi to consider the claim of petitioner for issuance of character certificate 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. 8. Thus, for the reasons given above, the writ petition is allowed with no order as to costs. 9. 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. March 19, 2026 NS WRIC No. 10455 of 2026 2 (Sudhanshu Chauhan,J.) (Saral Srivastava,J.) Digitally signed by :- NITIN KUMAR High Court of Judicature at Allahabad