Allahabad High Court
Sanskar Yadav vs State Of U.P. And 2 Others on 15 December, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:238042-DB
Court No. - 40
Case :- WRIT - C No. - 39256 of 2023
Petitioner :- Sanskar Yadav
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Shashi Dhar Goswami
Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Ram Manohar Narayan Mishra,J.
1. Heard Sri Sudheer Kumar, Advocate, holding brief of Sri Shashi Dhar Goswami, learned counsel for the petitioner and Sri Devesh Vikram, learned Standing Counsel for the State respondents.
2. The present writ petition is preferred questioning the validity of the order dated 27.9.2023 passed by the District Magistrate, Mirzapur (respondent no.2), whereby the character certificate to the petitioner has been denied.
3. Learned counsel for the petitioner submitted that against the petitioner a case was registered as Case Crime No.216 of 2020, under Sections 323, 504, 506, 354 IPC and in that case, petitioner was acquitted by the trial court vide judgement and order dated 26.7.2021. It is also submitted that the said judgement and order has not been assailed either by the complainant or State in appeal, challenging the acquittal of the petitioner. Therefore, the petitioner has moved an application for issuance of character certificate. While rejecting the character certificate, the respondent No.2 has also taken note of antecedents of father and uncle of petitioner. Learned counsel for the petitioner further submitted that the said aspect has been considered in detail by this Court while considering Writ- C No.23266 of 2023 (Smt. Puspa Singh vs. State of U.P. and 4 others), wherein the petitioner has challenged the denial of a character certificate on account of her husband's criminal antecedents. While considering the said writ petition, the Court has considered the judgement passed by the Hon'ble Apex Court in Manyata Devi vs. State of UP, reported in (2015) 10 SCC 198, wherein, it had been held that a character certificate issued in favour of an individual cannot be revoked on the ground that a person in his close relation is having a criminal history. While, considering the said writ petition, the Court has also considered the judgment passed by Division Bench of this Court in Writ- C No.945 of 2021 (Kamla Singh vs. State of UP and 3 others). Learned counsel for the petitioner lastly submitted that in view of the aforesaid dictum, the claim of the petitioner is to be re-visited by the respondent-authorities and an appropriate order be passed.
4. Per contra, learned Standing Counsel has not disputed the legal proposition as advanced by learned counsel for the petitioner but submitted that even the petitioner's acquittal was not honorable as the complainant was declared hostile in the said proceeding, where acquittal order has been passed in favour of the petitioner.
5. Suffice to indicate that the said objection cannot be taken at this stage, as the Court has already noted that neither the complainant nor the State has challenged the acquittal order in appeal. Therefore, at this stage, we cannot make any observation on the said proceeding whether the acquittal was honorable acquittal or on account of hostile witness but anyhow the petitioner was acquitted way back in the year 2021. So far as the rejection order dated 27.9.2023, passed by the District Magistrate, Mirzapur (respondent no.2) on the basis of antecedents of petitioner's father and his uncle is concerned, the said aspect has already been considered by Hon'ble Apex Court in Manyata Devi vs. State of UP (supra), which has been considered by this Court while passing order dated 18.2.2021 and 25.7.2023 in Writ- C No.945 of 2021 and Writ- C No.23266 of 2023, respectively.
6. In view of the aforesaid facts and circumstances and the law laid down by Hon'ble Supreme Court in Manyata Devi (supra), we are of the considered opinion that the order impugned dated 27.9.2023, cannot sustain and accordingly, the same is set aside.
7. The matter is relegated to the District Magistrate/Collector, Mirzapur to proceed and decide the matter afresh strictly in accordance with law but certainly taking into account the fresh police report from the Superintendent of Police, Mirzapur. The said exercise is to be carried out within six weeks from the date of receipt a certified copy of the order.
8. The writ petition is accordingly partly allowed.
Order Date :- 15.12.2023
Kamarjahan
