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2025 DAILYLAW 158507 (ALL)

ALOK v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND 3 OTHERS

WRIC/8032/2025 · 2025-08-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49404-DB Court No. - 2 Case :- WRIT - C No. - 8032 of 2025 Petitioner :- Alok Respondent :- State Of U.P. Thru. The Prin. Secy. Home Lko. And 3 Others Counsel for Petitioner :- Shresth Agarwal Counsel for Respondent :- C.S.C. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:- "i. Issue a writ order or direction in the nature of certiorari for quashing the impugned order dated 02.08.2025 passed in appeal No.3165425356089101 as well as impugned order or rejection of application no.316542535608 dated 15.07.2025 for issue of character certificate to the petitioner contained as Annexure No.1 and 2 to this petition". 3. It has been submitted by learned counsel for the petitioner that his prayer for issuance of character certificate has been rejected on the ground that there is an F.I.R. in Case Crime No.144 of 2024 under Sections 323, 504 and 506 of the I.P.C. lodged at Police Station Mailani, District Kheri. 4. It has been submitted that lodging of F.I.R. cannot make the petitioner automatically guilty of any offence. 5. This Court in Writ-C No.718 of 2025:Anil Kumar Vs. State of U.P. and others, and connected matters reported in 2025:AHC-LKO:32272-DB, has observed that where there is a criminal case that is pending against a person, the character certificate issued by the Superintendent of Police should mention the details of such criminal case in the character certificate and leave it for the employer/ agency to which the petitioner has applied to take an appropriate decision after application of mind regarding the suitability of the candidate/ applicant. 6. We have gone through the judgement which has been rendered in a bunch of writ petitions on 28.05.2025 by this Court. We are in agreement and we, therefore, dispose of this petition with a direction to the Superintendent of Police, District Kheri, to issue a character certificate to the petitioner while mentioning the F.I.R. lodged against him. Such certificate be issued within a period of four weeks from the date a copy of this order is produced before him. Order Date :- 22.8.2025 Rahul Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench