Court No. - 32
Case :- WRIT - C No. - 10695 of 2019 Petitioner :- Mohd. Arif Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Akhilesh Kumar Mishra,Ashok Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Pankaj Bhatia,J.
This writ petition, inter alia, has been filed for the following reliefs:
"i) a writ, order or direction in the nature of Certiorari quashing impugned order dated 26.11.2018 having PVR No. 2621 of 2018 (Annexure no.-8 to the writ petition) passed by the respondent no. 3.
ii) a writ, order or direction in the nature of Mandamus commanding and directing the respondents to issue character certificate to the petitioner."
By impugned order dated 26.11.2018, the issuance of character certificate has been refused by the Superintendent of Police merely on the ground that one criminal case i.e. Case Crime No. 74A of 1995, under Sections 147, 324, 325, 504 and 506 IPC was registered against the brother of the petitioner namely Javed in which he was acquitted however history sheet No. 18 of 2013 was opened against him.
Learned counsel for the petitioner stated that merely because one case was registered against his brother in which his brother was acquitted cannot be a ground for refusing a character certificate. The FIR was registered in the year 1995 and thereafter, according to petitioner, history sheet was opened in the year 2013 merely on the basis of the said case. It is further submitted that despite the fact that the petitioner was issued character certificates in the year 2013 and 2015 by orders dated 6.5.2013 and 21.7.2015 respectively, but now by the impugned order issuance of character certificate has been refused. He further submitted that the petitioner, who resides separately from his brother, has no criminal history, as such, he cannot be refused character certificate merely on the basis of false history sheet opened against his brother. He further submitted that the impugned order has been passed illegally and arbitrary on non- existent ground and the same is liable to be set aside.
It may be noted that learned Standing Counsel was granted time to seek instructions in the matter but till date no instructions has been received by him in the present matter.
Heard learned counsel for the parties and perused the record.
We find substance in the submission advanced by the learned counsel for the petitioner. There is no allegation against the petitioner that any case is pending against him. Even the case which was registered against the brother of the petitioner, resulted in his acquitted. However, on the basis of the said case, the history sheet was opened in the year 2013 despite his brother having been acquitted, thus, there was no justification for the authorities concerned to refuse to issue character certificate to the petitioner.
In view of the above, the impugned order dated 26.11.2018 passed by the Superintendent of Police is hereby quashed. The writ petition is allowed and the authorities concerned are directed to consider the matter afresh and pass appropriate order in the light of the observation made hereinabove within a period of 30 days from the date of receipt of a certified copy of this order.
Order Date :- 29.4.2019 vinay