Disposed

Smt Pushpa Singh v. State of U.P. and 4 Others

Allahabad HC9 May 2023WRIC/14489/2023

Case brief

AI extract

What is this about?

The High Court directed the State to obtain a police report on the petitioner's character and issue a certificate within three weeks after affording hearing, merely to dispose of the writ petition without expressing an opinion on merits.

What did the court decide?

Direct respondent No.3 to submit police report to respondent No.2 within two weeks; respondent No.2 to pass order on character certificate application within three weeks after hearing.

Smt Pushpa Singh Vs State of U.P. and 4… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:99057-DB

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Court No. - 3

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Case :- WRIT - C No. - 14489 of 2023

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Petitioner :- Smt Pushpa Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rahul Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Surya Prakash Kesarwani,J. Hon'ble Anish Kumar Gupta,J.

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Heard Shri Dinesh Tripathi hold brief of Shri Rahul Srivastava, learned counsel for the petitioner and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for the State-respondents.

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This writ petition has been filed praying for the following relief:

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"A. Issue a writ, order or direction in the nature of MANDAMUS commanding and directing the respondents to issue the character certificate pursuant to the online application filed by petitioner having Service Request No. 316272305390, Challan No. POL230304918, Challan Reference No. IK0CBVBWD8 dated 30.01.2023 for the purpose of obtaining Excise Licence for the Financial Year-2023-24;"

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Learned Additional Chief Standing Counsel states on instructions of the respondents dated 29.04.2023 that the petitioner has applied for issuance of character certificate on 30.01.2023 but it could not be issued so far as a Criminal Case No.699/2016 under Sections 60, 63 and 72 U.P. Excise Act, 1910, P.S.- Narhi, District- Ballia is registered against the husband of the petitioner in which a Chargesheet No.96 dated 16.09.2016 has been filed in Court. He further states that against the petitioner, a Criminal Case No.114/2019 under Sections 198 and 420 I.P.C., P.S.- Bansdih Road, Ballia is registered in which a Chargesheet No.820 dated 19.01.2020 has been forwarded. It is admitted that the aforesaid criminal case against the petitioner was registered for the reason that a wrong declaration was made in the affidavit filed in support of her application for grant of gun license. Against the aforesaid criminal case, the petitioner has filed Application No.4711 of 2021 under Section 482 (Paramhans Singh And Another vs. State of U.P. And Another) in which an interim order dated 22.03.2021 has been passed.

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In view of the facts briefly noted above, we direct the respondent no.3 to submit police report to the respondent no.2 within two weeks from today. The respondent no.2 shall pass an appropriate order on the character certificate application of the petitioner within next three weeks, after affording reasonable opportunity of

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hearing to the petitioner.

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With the aforesaid direction, the writ petition is disposed of.

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It is made clear that we have not expressed any opinion on merits of the case of the petitioner.

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Order Date :- 9.5.2023 Ankit.

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Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad

Smt Pushpa Singh v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Smt Pushpa Singh v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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