Citation : 2026 Latest Caselaw 3018 Ori
Judgement Date : 30 March, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.944 of 2026
Prabhat Ranjan Ojha .... Petitioner(s)
Mr. Dipak Ranjan Mishra, Adv.
-versus-
State of Odisha & Ors. .... Opposite Party(s)
Mr. Raj Bhusan Dash, ASC
CORAM:
HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
Order No. ORDER
01. 30.03.2026
1.
This matter is taken up through hybrid arrangement.
2. By filing the present CRLMC, the Petitioner has assailed the non-
issuance of a character certificate in his favour by the Officer-in-
Charge (O.I.C.) of Byree Police Station, Jajpur, as well as the arbitrary
action of the said authority refusing to recommend his application
twice for issuance of such certificate.
Designation: Senior Stenographer
3. Heard learned counsel for the parties.
Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 30-Mar-2026 19:15:35
4. Learned counsel for the Petitioner submits that the Petitioner is
working as a technician under a company, named, Urmila
International Services Pvt. Ltd., which has engaged him at RITES
Ltd., Dhamra Port, Bhadrak.
5. It is further submitted that as per the rules and regulations
governing Dhamra Port, entry permission is mandatory for access to
the port premises and for obtaining such permission, a police
character certificate is required.
6. Learned counsel further submits that the Petitioner had applied
twice for issuance of the character certificate, however, the concerned
Police Station has failed to provide any effective response to his
applications.
7. It is also submitted that the Petitioner's current gate entry permit is
going to expire on 31.03.2026 and in the absence of the required
character certificate, he is likely to suffer irreparable loss, including
termination of his employment.
8. Learned counsel contends that upon approaching the concerned
police officials, the Petitioner was informed that due to his
involvement in Byree P.S. Case No. 27 of 2025, his application for a
character certificate could not be recommended. Being aggrieved, the
Petitioner has approached this Court by filing the present CRLMC.
9. Learned counsel for the Petitioner has placed reliance in the case
Baba Singh v. State of U.P. & 2 Ors1., wherein it has been held as
follows:
"A character certificate too is not be mechanically and blindly refused. The District Magistrate, who is also a citizen and a very junior officer working in the district, would certainly be alive to the social maladies leading to malicious complaints about cruelty and dowry demand implicating the entire family. He ought to have sensitively
Order passed dated 12.08.2024 in WRIT-A No.-12055 of 2024 (Allahabad High Court)
dealt with the matter and appropriately considered the petitioner's claim for the issue of a character certificate."
10.Learned counsel for the State opposes the prayer.
11. After hearing learned counsel for the respective parties and on
perusal of the available materials on record, this Court is of the
considered view that the refusal to issue a character certificate to the
Petitioner, without proper justification, is arbitrary and unsustainable
in law. Accordingly, Opposite Party No.3 (Inspector in-charge, Byree
Police Station) and Opposite Party No.4 (Officer in-charge of Byree
Police Station) are directed to issue the character certificate in favour
of the Petitioner as early as possible.
12. Accordingly, the CRLMC is allowed.
13. Issue urgent certificate copy of this order in course of the day.
14. Web copy of this order be treated as authenticated copy.
( Dr. Sanjeeb K Panigrahi) Judge
Sipun
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