Ashish Sahni Vs State of U.P. and 3 Others

The petitioner being aggrieved by order dated 20.08.2025 rejecting the issuance of the character certificate has approached this Court by means of the present writ petition.

¶13

Challenging the aforesaid order, learned counsel for the petitioner has contended that impugned order is cryptic and has been passed without application of mind inasmuch as it has failed to consider the guidelines laid down by this Court in bunch of writ petitions leading of which is Writ-C No.718 of 2025 (Anil Kumar Vs. State of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. & Others) . Accordingly, it is submitted that impugned order cannot be sustained in law.

¶14

Per contra , learned Standing Counsel would contend that while rejecting the character certificate, cogent reason has been recorded by the competent authority, and therefore, there is no illegality in the impugned order.

¶15

Be that as it may, the impugned order dated 20.08.2025 is being reproduced herein below:-

¶16

" याची/आवेदक आशीष साहनी द्वारा स्वयं के िवरूद्ध सम्पूणर् भारत वषर् में िकसी भी थाने पर अिभयोग पंजीकृत ना होने / न्यायालय में िवचाराधीन न होने सम्बन्धी प्रमाण पत्र प्रस्तुत न करने याची के िवरूद्ध अिभयोग पंजीकृत होने व न्यायालय में िवचाराधीन होने व याची द्वारा स्वयं के िवरूद्ध पंजीकृत अिभयोग को आवेदन पत्र में न दशार्कर तथ्यों को िछपाकर आवेदन िकया जाना पाये जाने पर याची का चिरत्र आवेदन पत्र स्वीकृत नहीं

¶17

WRIC No. 30880 of 2025

¶18

2

¶19

िकया गया। तदानुसार याची का प्रत्यावेदन िदनांिकत-05/08/2025 िनस्तािरत िकया जाता है। "

¶20

From the order extracted above, it is evident that the impugned order has been passed without application of mind and non-speaking. This Court in the case of Anil Kumar (supra) has laid down the guidelines which has to be adhered by the competent authority before rejecting the character certificate.

¶21

In such view of the fact, the impugned order cannot be sustained, and is accordingly set aside.

¶22

The matter is remitted to the respondent No.3- Senior Superintendent of Police, District Azamgarh to consider the issuance of the character certificate to the petitioner in the light of the guidelines laid down by this Court in the case of Anil Kumar (supra) within a period of one month from the date of production of certified copy of this order.

¶23

Thus, for the reasons given above, the writ petition is allowed with no order as to costs.

¶24

It is made clear that if there is any concealment of fact by the petitioner in obtaining the present order, the respondents shall have the liberty to file recall application to recall the said order.

¶25

October 13, 2025 Gaurav

¶26

(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)

¶27

Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Ashish Sahni v. State of U.P. and 3 Others

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