Ram Babu vs State Of U.P. And 2 Others
2023 Latest Caselaw 15480 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:108128-DB
 
Court No. - 40
 

 
Case :- WRIT - C No. - 13050 of 2023
 

 
Petitioner :- Ram Babu
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Ravi Sahu
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.

Hon'ble Manjive Shukla,J.

1. Heard Shri Ravi Sahu, learned counsel for the petitioner and Shri Sharad Chandra Upadhyay, learned State Law Officer.

2. Present writ petition has been preferred for quashing the order dated 14.3.2023 passed by respondent no.2 by which the application of the petitioner for issuance of character certificate has been rejected on the ground that criminal case is registered against the petitioner. Further prayer has been made for a direction to respondent no.2 to issue character certificate in favour of the petitioner within stipulated period.

3. Learned counsel for the petitioner has submitted that the petitioner is Graduate and at present working as a Contractor. He was falsely implicated in Case Crime No.156 of 1998 under Section 147, 323, 324, 336, 504, 506 IPC and Section 3 (1) 10 SC/ ST Act, P.S. Shivrajpur, Distt. Kanpur Nagar. In the said case crime, he was acquitted vide order dated 16.8.2012 in Special Sessions Trial No.4 of 2001 (State v. Ram Babu & Ors.). The said judgment has not been challenged either by the State or the complainant and as such for all practical purposes the same has attained finality. He submits that once the petitioner has already been acquitted in the aforesaid case crime and thereafter he has never been implicated in any other case, as such, the order impugned relying on aforesaid case crime is not sustainable and the petitioner is liable to be issued character certificate.

4. Twice indulgence has been accorded to the State respondents to produce instructions but till date the instructions has not been received.

5. Considering the facts and circumstances of the case, we find that once the petitioner has been acquitted in the aforesaid case crime, the rejection of his claim for issuing character certificate on the ground of aforesaid case crime is not sustainable and as such the order impugned is liable to be set aside. Accordingly, the order impugned is set aside. The matter is relegated to the District Magistrate, Kanpur Nagar to decide it afresh strictly in accordance with law preferably within six weeks from the date of production of certified copy of this order. He is also at liberty to get fresh police report from the concerned Police Station.

6. The writ petition stands disposed of accordingly.

Order Date :- 17.5.2023

SP/