RAJNI KANT SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME AND 3 OTHERS
WRIC/8823/2025 · 2025-09-09
Brij Raj Singh, Sangeeta Chandra
body2025
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[ 2025 DAILYLAW 162914 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 162914 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8823 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE BRIJ RAJ SINGH, J.
1. Heard learned counsel for the petitioner as well as Ms. Akansha Dubey, learned Additional Chief Standing Counsel appearing on behalf of the State-opposite parties and perused the record. 2. This petition has been filed with the following main prayer:-
"i. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to consider and issue Character Certificate to the petitioner expeditiously, in accordance with law contained as annexure N-1"
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.133 of 2008, under Sections 201, 420 I.P.C. lodged at Police Station Harchandpur, District Raebareli. 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; 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 Versus Counsel for Petitioner(s) : Chandra Bhooshan, Brijesh Kumar Counsel for Respondent(s) : C.S.C. Rajni Kant Shukla .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home And 3 Others .....Respondent(s)
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 Raebareli to ensure that a verification report is sent to the District Magistrate, Raebareli/opposite party 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. 8823 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