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Allahabad High Court

SHAKIL AHMADversusSTATE OF UP AND 3 OTHERS

Decided
Disposal
Disposed off/Decided on merits

Holding

The Court set aside the rejection order and directed issuance of the character certificate in accordance with the Government Order, noting the stay of the criminal case.

Summary

Petitioner Shakil Ahmad applied for a character certificate, which the Superintendent of Police rejected without providing any reason. The petitioner had a criminal case pending against him, but obtained a stay of that case from the High Court on 30 January 2026. The petitioner challenged the rejection, citing a Government Order dated 9 April 2026 that permits issuance of a character certificate even when a criminal case is stayed, provided the pendency is mentioned. The Court held that the rejection order was unlawful and set it aside, directing the police to issue the certificate within two weeks, noting the stay. The writ petition was thereafter disposed.

Issues considered

  • Whether the Superintendent of Police can reject a character certificate application without furnishing reasons when a criminal case against the applicant is stayed.
  • Whether the Government Order dated 9 April 2026 mandates issuance of a character certificate despite pendency of a stayed criminal case.

Subjects

  • character certificate
  • pending criminal case
  • stay order
  • government order
  • writ petition
  • High Court
  • rejection without reason

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                                WRIT - C No. - 36308 of 2026

                                    Shakil Ahmad
                                                                                                       .....Petitioner(s)
                                                                          Versus
                                    State Of Up And 3 Others
                                                                                                     .....Respondent(s)

                                    Counsel for Petitioner(s)                          :   Sheikh Obaidullah
                                    Counsel for Respondent(s)                          :   C.S.C.

                                    Court No. - 21
                                                       HON'BLE ARINDAM SINHA, J.
                                                       HON'BLE SATYA VEER SINGH, J.

                                    1. Mr. Sheikh Obaidullah, learned advocate appears on behalf of
                                    petitioner and submits, under challenge is order dated 24th August, 2026
                                    of respondent no. 3 (the Superintendent of Police) rejecting his client's
                                    application for character certificate. No reason has been furnished. On
                                    query he submits, a criminal case is pending against his client, in respect
                                    of which he has obtained stay from this Court. Stay order is dated 30th
                                    January, 2026.

                                    2. Mr. Amit Manohar, learned advocate, Additional Chief Standing
                                    Counsel appears for State. He prays for adjournment to obtain
                                    instruction.

                                    3. We observe that as per Government Order (GO) dated 9th April, 2026
                                    the character certificate be issued mentioning pendency of criminal case,
                                    as stayed by the High Court. As such, we set aside the rejection order.
                                    Petitioner will communicate certified copy of this order to respondent no.
                                    3. The certificate be issued within two weeks thereafter.

                                    4. The writ petition is disposed of.



                                                                                                (Arindam Sinha,J.)


                                                                                               (Satya Veer Singh,J.)
                                    September 11, 2026
                                    Jaswant




Digitally signed by :-
JASWANT KUMAR
High Court of Judicature at Allahabad


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