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2025 DAILYLAW 164438 (ALL)

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

/8971/2025 · 2025-09-12

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 8971 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 appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayers:- "(i). Issue a writ order or direction in the nature of certiorari for quashing the report dated 12.08.2025 by means of which the opposite party no.4 forwarded a report to the opposite party no. 3 with endorsement that "Srimanji, Sanstuti nahi ki jati hai" on the ground of pendency of a criminal case, as contained in Annexure no. 1 to the writ petition ; (ii). issue a writ order or direction in the nature of mandamus commanding the opposite parties to issue the character certificate to the petitioner in pursuance of the online application no.316262500102 dated 06.08.2025 relating to Police Station Baundi, District Bahraich." 3. It has been submitted by learned counsel for the petitioner that his prayer for issuance of character certificate has been rejected on the ground that there is an F.I.R. in Case Crime/FIR No.30 of 2025 under Sections 110, 333, 115(2), 351(3), 352 BNS lodged at Police Station Baundi, District Bahraich. 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 Versus Counsel for Petitioner(s) : Dhananjai Kumar Tripathi Counsel for Respondent(s) : C.S.C. Shailendra Kumar Sharma .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s) appropriate decision after application of mind regarding the suitability of the candidate/ applicant. 6. We have gone through the judgment which has been rendered in a bunch of writ petitions on 28.05.2025 by this Court. We are in agreement and we, therefore, dispose of this petition with a direction to the Superintendent of Police, District Bahraich, to issue a character certificate to the petitioner while mentioning the F.I.R. lodged against him. Such certificate be issued within a period of four weeks from the date a copy of this order is produced before him. September 12, 2025 Pks WRIC No. 8971 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench