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2025 DAILYLAW 158889 (ALL)

DIWAKAR DUBEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

WRIC/8063/2025 · 2025-08-22

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49433-DB Court No. - 2 Case :- WRIT - C No. - 8063 of 2025 Petitioner :- Diwakar Dubey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- D.P. Dutt Tiwari,Piyush Kumar Mishra 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-respondent Nos.1 to 4. 2. This petition has been filed with the following main prayer:- "i. Issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no.2 to consider and decide application for grant of Character Certificate made on 16.05.2025 and to issue Character Certificate to petitioner expeditiously, as in absence of character certificate, he is unable to obtain any tender despite of his solvency." 3. It has been submitted by learned counsel for the petitioner that the petitioner applied for issuance of a character certificate in the month of June, 2025 before the District Magistrate, Sultanpur. However, the police raised an objection citing the pendency of a criminal case, i.e., F.I.R./Case Crime No.109 of 2017, under Section 431 I.P.C. and Sections 2/3 of Prevention of Damage to Public Property Act, 1984, Police Station Kotwali Dehat, District Sultanpur. 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 Sultanpur, 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. (Brij Raj Singh, J.) (Sangeeta Chandra, J.) Order Date :- 22.8.2025 Shubhankar Digitally signed by :- SHUBHANKAR THAKUR High Court of Judicature at Allahabad, Lucknow Bench