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2025 DAILYLAW 159755 (ALL)

RAJ BAX YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

WRIC/8355/2025 · 2025-09-02

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8355 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 3. By means of this petition, the petitioner has prayed for the following relief : "(i). issue a writ, order or direction in the nature of mandamus commanding the respondents to issue a character certificate to the petitioner in accordance with law, considering that the petitioner has never been convicted in any criminal case and mere registration of an FIR cannot amount to criminal antecedent." 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.9 of 2014 under Sections 143, 186, 341 I.P.C. lodged at Police Station Baldirai, 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 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 and we are in agreement with the same. Versus Counsel for Petitioner(s) : Suresh Kumar Pandey, Gajendra Pratap Counsel for Respondent(s) : C.S.C. Raj Bax Yadav .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others .....Respondent(s) 7. 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. September 2, 2025 Pks WRIC No. 8355 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench