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2025 DAILYLAW 161941 (ALL)

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

WRIC/8544/2025 · 2025-09-04

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8544 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, who appears on behalf of the State-opposite parties non.1 to 4. 2. This petition has been filed with the following main prayer:- "i. To issue a writ, order or direction in the nature of Certiorari thereby quashing the order/communication dated 22.07.2025 passed by the police authorities thereby rejecting the application of the petitioner for granting character certificate, contained as Annexure No.3 to this writ petition." 3. It has been submitted by learned counsel for the petitioner that 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.0030 of 2018, under Sections 498-A, 323, 494, 504 and 506 I.P.C. and Sections 3 and 4 of Dowry Prohibition Act lodged at Police Station mahila Thana, District Lucknow. 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, decided on 28.05.2025, 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 Versus Counsel for Petitioner(s) : Anand Mani Tripathi, Anurag Tripathi Counsel for Respondent(s) : C.S.C. Dharmendra .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) 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 with the same. 7. We, therefore, dispose of this petition with a direction to the Commissioner of Police, District Lucknow, to ensure that a verification report is sent to the District Magistrate, Lucknow, 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. September 4, 2025 Rao/- WRIC No. 8544 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench