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2025 DAILYLAW 161996 (ALL)

LALCHANDRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME, LUCKNOW AND OTHERS

WRIC/8950/2025 · 2025-09-15

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8950 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 appearing on behalf of the State Respondents and Sri Prakash Kumar Sinha, learned counsel for respondent no.5. 2. This petition has been filed with the following main prayer:- "I. Issue a writ, in the order or direction nature of certiorari thereby quash the impugned noting during the verification process rejected on the application of the petitioner as application service request 319492521071 dated 27.07.2025 in the interest of No. justice which is contained as Annexure No.1 to this writ petition. II. Issue a Writ, order or direction in the nature of mandamus thereby commanding and directing to the Opposite party 1 to 3 to issue the Character Certificate to the Petitioner in the interest of justice. III. Issue a Writ, order or direction in the nature of mandamus thereby commanding and directing to the Opposite Party No. 5 to grant permission to the Petitioner to work at the premises of Opposite Party No.5 during the period of non-availability of the Petitioner's Character Certificate." 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.251 of 2021 under Versus Counsel for Petitioner(s) : Vyas Narayan Shukla Counsel for Respondent(s) : C.S.C., Prakash Kumar Sinha Lalchandra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lucknow And Others .....Respondent(s) Sections 147, 323, 504 and 506 of the I.P.C. lodged at Police Station Munshiganj, District Amethi. 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 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 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 Superintendent of Police, District Amethi, to ensure that a verification report is sent to the District Magistrate, Amethi, 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 15, 2025 Sachin WRIC No. 8950 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench