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2025 DAILYLAW 161899 (ALL)

SURAJ KUMAR GUPTA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

WRIC/8632/2025 · 2025-09-09

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8632 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-opposite parties. 2. This petition has been filed with the following main prayers:- "I. Issue a writ order or direction in the nature of certiorari, thereby quashing the impugned order dated 06.08.2025 passed by the competent authority whereby on account of pendency of criminal case crime no. 30/ 2021 under section 379, 311 IPC, Police station- Kotwali Nagar, District- Sultanpur, for the issuance of character certificate that has been rejected. Annexure No-2. II. Issue a writ order or direction in the nature of mandamus, thereby directing the opposite party no. 02 to issue the character certificate of the petitioner (contained annexure no. 01) in the interest of justice." 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. bearing Case Crime No.30/2021 under sections 379, 311 I.P.C. lodged at Police station- Kotwali Nagar, District- Sultanpur 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) : Satyendra Nath Mishra Counsel for Respondent(s) : C.S.C. Suraj Kumar Gupta .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home 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; Neutral Citation No.-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 Sultanpur to ensure that a verification report is sent to the District Magistrate, Sultanpur/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. Such certificate be issued within a period of four weeks from the date a copy of this order is produced before him. September 9, 2025 Anupam S/- WRIC No. 8632 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