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2025 DAILYLAW 160466 (ALL)

SATYENDRA KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

WRIC/8297/2025 · 2025-08-28

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8297 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 the learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayers:- "I. Issue a writ, order or direction in the nature of Certiorari to quash the impugned rejection order passed by the Police Officals on the application moved by the petitioner through website "UTTAR PRADESH POLICE (CCTNS Citizen Portal) on 19.07.2025 for issuance of character certificate which was registered as Registration No.316672536296 as contained in Annexure No.1 to this writ petition. II. Issue a writ, order or direction in the nature of MANDAMUS to direct the opposite party no.2 to issue a character certificate to the petitioner." 3. It has been submitted by learned counsel for the petitioner that the prayer of the petitioner for issuance of Character Certificate has been rejected on the ground that there is an F.I.R. in Case Crime/FIR No.125 of 2023 under Sections 406, 504 and 506 of the I.P.C. lodged at Police Station Unchahar, District Raebareli. 4. It has been submitted that lodging of F.I.R. cannot make the petitioner automatically guilty of any offence. Versus Counsel for Petitioner(s) : Achal Singh Yadav Counsel for Respondent(s) : C.S.C. Satyendra Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) 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 by this Court in the case of Anil Kumar (supra). We are in agreement with the same. 7. We, therefore, dispose of this petition with a direction to the Superintendent of Police, District Raebareli to ensure that a verification report is sent to the District Magistrate, Raebareli/respondent no.2 containing the details of the F.I.R. lodged against the petitioner. The District Magistrate while issuing Character Certificate shall mention the pendency of F.I.R. and the final report having been filed in the trial court, which is pending disposal before the trial court. Such certificate be issued within a period of four weeks from the date a copy of this order is produced before him. August 28, 2025 Anupam S/- WRIC No. 8297 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench