Vidya Sagar Alias Teerath Yadav vs State Of U.P. Thru. Prin. Secy. Home ...
2024 Latest Caselaw 36676 ALL

Allahabad High Court

Vidya Sagar Alias Teerath Yadav vs State Of U.P. Thru. Prin. Secy. Home ... on 7 November, 2024

Author: Rajan Roy

Bench: Rajan Roy

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:73438-DB
 
Court No. - 2
 

 
Case :- WRIT - C No. - 9374 of 2024
 

 
Petitioner :- Vidya Sagar Alias Teerath Yadav
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko And 3 Others
 
Counsel for Petitioner :- Avadhesh Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajan Roy,J.
 

Hon'ble Brij Raj Singh,J.

1. Heard Sri Avadhesh Mishra, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State.

2. The petitioner is aggrieved by rejection of his application for issuance of Caste Certificate on the ground that there is criminal case pending against the petitioner. The criminal case bears No. 193 of 2019 which was lodged at Police Station- Manikpur, District - Pratapgarh under Section 307, 323 and 504 IPC.

3. Admittedly, the charge sheet has been filed against the petitioner as informed by the petitioner's counsel.

4. On being confronted in these circumstances as to how the Superintendent of Police is obliged to issue a Character Certificate learned counsel appearing for the petitioner relied upon a judgment dated 18.02.2021 passed in Writ - C No. 945 of 2021; Kamla Singh Vs. State of U.P. and Ors. However, having gone through the said judgment we find that the facts of the said case were different. In the said case a relative of the applicant had a criminal antecedent on account of which the Character Certificate was revoked which was disapproved. The said judgment does not apply in the facts of the case. The writ petition is misconceived and ill advised. It is accordingly dismissed.

.

(Brij Raj Singh,J.) (Rajan Roy,J.)

Order Date :- 7.11.2024

R.K.P.