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2025 DAILYLAW 162497 (ALL)

M/S SARA ENTERPRISES THRU. PROPRIETOR JAVEDULLAH KHAN AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

WRIC/8714/2025 · 2025-09-08

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8714 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the petitioners and the learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:- "I. To issue a writ, order or direction in the nature of Mandamus commanding the respondent No.2 i.e. District Magistrate, Lucknow to issue/renew the character certificate of the petitioner No.2, who is sole proprietor of the petitioner No.1." 3. It has been submitted by learned counsel for the petitioners that the prayer of the petitioner no.2 for issuance of Character Certificate is not being considered on the ground that there is an F.I.R. in Case Crime/FIR No.0186 of 2022 under Sections 419, 420, 467, 468, 471 and 120-B of the I.P.C. lodged at Police Station Wazirganj, 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 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 Versus Counsel for Petitioner(s) : Ramesh Singh, Himanshu Deepak Counsel for Respondent(s) : C.S.C. M/S Sara Enterprises Thru. Proprietor Javedullah Khan And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Respondent(s) 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, respondent no.2, containing the details of the F.I.R. lodged against petitioner no.2. 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 8, 2025 Sachin WRIC No. 8714 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench