NEERAJ KUMAR YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) The case of the petitioner is succinctly noted by this Court in its previous order dated 4.12.2019, which is as follows: -

(2.) The State respondents have filed counter affidavit in which they have tried to justify their action in not issuing character certificate to the petitioner in view of pendency of a criminal case against him. However, perusal of the impugned orders reveals that the claim of the petitioner has not been tested in the light of law laid down by the Supreme Court in Avtar Singh v. Union of India, 2016 (8) SCC 471, which is as follows: -

(3.) Learned Standing Counsel is not in a position to dispute the contention of learned counsel for the petitioner made in this regard. He states that the authorities will re-examine the claim of the petitioner in the light of the law laid down by Supreme Court in Avtar Singh (supra).