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2025 DAILYLAW 160281 (ALL)

SHAKUNTALA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS

WRIC/8241/2025 · 2025-08-29

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8241 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears for the State-respondents and perused the record. 2. This writ petition has been filed by petitioner with following main prayers:- "Issue a writ, order or direction in the nature of Mandamus thereby commanding/directing the opposite party No.3 to issue the character certificate to the petitioner on the application preferred by the petitioner for issuance of his character certificate on 23.6.2025 at Police Station Ramganj, District Amethi, at the earliest." 3. It has been submitted by learned counsel for the petitioner that the petitioner had found the status of his application for issuance of character certificate and it has been informed by the concerned police station that Case Crime No.23 of 2021 dated 21.02.2021 under Sections 427, 504 and 506 I.P.C., Police Station Ramganj, District Amethi, has been registered in which charge sheet dated 12.03.2021 has been filed against the petitioner. 4. Learned Standing Counsel has placed before this Court an order dated 26.05.2025 passed in Writ-C No.718 of 2025: Anil Kumar versus State of U.P. and others, wherein the Division Bench in a case relating to similarly situated person has observed that during the course of pendency of a Versus Counsel for Petitioner(s) : Rakesh Kumar Yadav Counsel for Respondent(s) : C.S.C. Shakuntala Devi .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Respondent(s) criminal case, character certificate can be issued mentioning therein that particular case crime number has been registered under specific sections in the concerned police station against the applicant. 5. The Coordinate Bench has also observed that in case, such character certificate is issued, it leaves it open to the employer or department concerned to take decision as to whether in the facts and circumstances mentioned therein, the license or the business activity or the employment, which the applicant seeks, is to be given to him or not as mere pendency of a criminal case involved a petty offence may not necessarily reflect the entire character of the person in a given case. It would be open to the satisfaction of the employer/department concerned, where the applicant has applied, to take appropriate decision. 6. This writ petition is disposed of with a direction to the Superintendent of Police, Amethi to issue character certificate to the petitioner mentioning therein that an F.I.R dated 21.02.2021 bearing Case Crime No.0023 of 2021, under Sections 427, 504 and 506 I.P.C., at Police Station Ramganj, District Amethi, has been registered in which charge sheet dated 12.03.2021 has been filed in the court concerned. August 29, 2025 Rahul WRIC No. 8241 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- RAHUL TRIPATHI High Court of Judicature at Allahabad, Lucknow Bench