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Allahabad High Court

SMT. SUSHILA DEVIversusSTATE OF UTTAR PRADESH AND 5 OTHERS

Decided

Holding

The petition is disposed, directing the petitioner to file a fresh representation and the respondent to decide it within a stipulated period.

Summary

The petitioner, Smt. Sushila Devi, filed a writ petition alleging that the respondent authority had failed to issue her a character certificate despite her representations. The petitioner sought a direction for the issuance of the certificate. The respondents argued that the petition could be disposed of without merit and suggested that the petitioner file a fresh representation. The Court, without delving into the substantive merits, dismissed the petition and directed the petitioner to file a fresh representation, along with a certified copy of the order, to the Senior Superintendent of Police, Gorakhpur within one month. The Court further directed the respondent to consider and decide the fresh representation within one month, citing the precedent of Anil Kumar v. State of U.P. (Writ‑C No. 718 of 2025).

Issues considered

  • What relief, if any, is the petitioner entitled to regarding the issuance of a character certificate by the police authority?

Subjects

  • character certificate
  • writ petition
  • administrative law
  • police authority
  • representation

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                            WRIT - C No. - 9359 of 2026

                                    Smt. Sushila Devi
                                                                                                   .....Petitioner(s)
                                                                        Versus
                                    State Of Uttar Pradesh And 5 Others
                                                                                                 .....Respondent(s)

                                    Counsel for Petitioner(s)           :   Preete Chaudhary, Priya Maddhesia
                                    Counsel for Respondent(s)           :   C.S.C.

                                    Court No. - 40
                                                     HON'BLE SARAL SRIVASTAVA, J.
                                                     HON'BLE SUDHANSHU CHAUHAN, J.

                                    1. Heard learned counsel for the petitioner and learned Standing Counsel for
                                    the State-respondents.

                                    2. The grievance of the petitioner is that respondent-authority is not issuing
                                    character certificate to the petitioner despite the fact that petitioner has
                                    submitted representations to the respondent-authority for issuance of the
                                    same, but till date, no action has been taken on the same.

                                    3. Learned Standing Counsel submits that no useful purpose would be served
                                    in keeping the writ petition pending and appropriate direction may be issued
                                    to the respondent no.3 to consider the grievance of the petitioner.

                                    4. Considering the facts and circumstances of the case and without adverting
                                    into the merits of the case, we dispose off the writ petition permitting the
                                    petitioner to file a fresh representation alongwith certified copy of this order
                                    raising all her grievances before the respondent no.3-Senior Superintendent
                                    of Police, Gorakhpur within a period of one month from today. In case, any
                                    such representation is filed by the petitioner, the respondent no.3 shall
                                    consider and decide the same in accordance with law within a period of one
                                    month from the date he receives the representation of the petitioner in the
                                    light of judgement of this Court in the case of Anil Kumar Vs. State of U.P.
                                    Thru. Addl. Chief Secy. Deptt. Of Home Lko. & Others passed in Writ-C
                                    No.718 of 2025.

                                    March 19, 2026
                                    Sattyarth
                                                               (Sudhanshu Chauhan,J.) (Saral Srivastava,J.)




Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad


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