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2025 DAILYLAW 162874 (ALL)

RAJESH KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF/PRIN. SECY. HOME DEPTT. GOVT. OF U.P. LKO. AND 4 OTHERS

WRIC/8737/2025 · 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. - 8737 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 5. 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 impugned the order dated 05.07.2025 passed by the District Magistrate, Amethi i.e. opposite party no.2 (contained as Annxure No.3 to the writ petition). (ii) To issue a writ, order or direction in the nature of Mandamus commanding the Opposite Parties specially the opposite party no2 i.e. District Magistrate, Amethi to issue the Character Certificate in favour of the petitioner expeditiously as early as possible.” 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 No.319 of 2009, under Sections 452, 323, 506 and 395 I.P.C. 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 Versus Counsel for Petitioner(s) : Ajay Pratap Singh Counsel for Respondent(s) : C.S.C. Rajesh Kumar Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief/Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And 4 Others .....Respondent(s) 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, Amethi 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 Rao/- WRIC No. 8737 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