Amit Maheshwari vs State Of U.P. And 2 Others
2023 Latest Caselaw 8076 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- WRIT - C No. - 7604 of 2023
 

 
Petitioner :- Amit Maheshwari
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bharat Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Manjive Shukla,J.

Heard learned counsel for the petitioner and Sri R.M.Upadhyay, learned Standing Counsel for the State-respondent.

The present writ petition has been preferred with a prayer to issue a mandamus commanding the respondent no. 2 to issue character certificate in favour of the petitioner within stipulated period. Alternatively prayer is made to direct the respondent no. 2 to consider and pass appropriate order on the representation dated 30.8.022 (Annexure no. 3 to the writ petition).

Learned counsel for the petitioner submits that the petitioner is implicated in Case Crime No. 222 of 2022, under Section 419, 420 IPC, P.S. Civil Lines, District Budaun. In the said case, charge-sheet has already been submitted against the petitioner and trial has commenced and the petitioner is bailed out by the competent court. In this backdrop, he submits that on account of solitary case, the character certificate cannot be denied to the petitioner. In support of his submissions, learned counsel for the petitioner has placed reliance upon Division Bench judgment of this Court in Dharmendra Sharma And Another v. State of U.P. And Others (Writ C No. 38859of 2012, dt. 11.2.2014). He further submits that the petitioner has moved a detailed representation before the second respondent for redressal of his grievance in the light of aforesaid judgment, which is still pending for consideration as such the direction may be issued to the second respondent to decide the same expeditiously.

Learned Standing Counsel fairly states in case the aforesaid representation is still pending and has not been decided, definitely, the same would be considered and decided expeditiously as per law.

In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally asking the second respondent to decide the aforesaid representation of the petitioner strictly, in accordance with law and in the light of Dharmendra Sharma (supra) expeditiously from the date of production of a certified copy of this order before him.

Order Date :- 20.3.2023

A.K.Srivastava