A writ petition challenged a police notice restraining use of a character certificate issued to the petitioner. The State could not identify any legal provision authorising the Station House Officer's notice, and the court set it aside as without jurisdiction, allowing the petition.
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HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35213 of 2025
Sushil Kumar
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
| Counsel for Petitioner(s) | : Abhinav Kumar Pandey |
|---|---|
| Counsel for Respondent(s) | : C.S.C. |
Court No. - 40
HON'BLE SARAL SRIVASTAVA, J. HON'BLE SUDHANSHU CHAUHAN, J.
"(i). Issue a writ order or direction in the nature of Certiorari to quash the notice dated 04.09.2025 (Annexure no.3) issued by the concerned authorities thereby restraining the petitioner not to use the aforesaid character certificate
(ii). Issue a writ in the nature of Mandamus commanding the respondents to decide the representation dated 09.09.2025 (Annexure no.6) sent by the petitioner to the concerned authorities thereby not restraining the petitioner to use the character certificate dated 01.09.2025 issued to the petitioner by the competent authority within stipulated period of time.
(iii). Issue any other writ, order or direction, which this Hon'ble Court may deems fit and proper in the fact and circumstances of the present case.
(iv). To award the cost of the petition to the petitioner."
"Sri Krishna Dutt Mishra, learned Additional Chief Standing Counsel is directed to seek instructions in the matter as to under which provision of law, Station House Officer, Police Station-Garhmukteswar, Hapur can issue notice dated 04.09.2025 to the petitioner.
Put up as fresh on 03.11.2025."
WRIC No. 35213 of 2025
2
November 3, 2025 Virendra
(Sudhanshu Chauhan,J.) (Saral Srivastava,J.)
Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether a notice restraining the petitioner from using his character certificate could lawfully be issued by a Station House Officer without any statutory provision authorising it?
Sushil Kumar
State of U.P.
Others
Saral Srivastava
Sudhanshu Chauhan
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
