SURJEET KUMAR VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. CIVIL LKO. AND 2 OTHERS
WRIC/9406/2025 · 2025-09-25
Brij Raj Singh, Sangeeta Chandra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166601 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166601 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9406 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 by the petitioner with the following main prayer:-
"i) Issue a writ, order or direction in the nature of mandamus thereby directing opposite party no.2 and 3 to issue character certificate in favour of the petitioner which is already applied before opposite party no.2 on
29.03.2025. (ii) Issue a writ, order or direction in the nature of Mandamus thereby directing opposite party no.2 to consider and decide the representation dated 10.09.2025 for issuance of character certificate which is pending disposal before him, contained as annexure no.8 to this writ petition."
3. It has been submitted by learned counsel for the petitioner that the prayer of the petitioner for issuance of Character Certificate is not being considered on the ground that there is an N.C.R. bearing No.10/2016, under Sections 323, 504 I.P.C. registered at Police Station Akbarpur, District Ambedkar Nagar. Versus Counsel for Petitioner(s) : Anil Kumar Maurya, Rahul Kumar Sharma Counsel for Respondent(s) : C.S.C. Surjeet Kumar Verma .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Lko. And 2 Others .....Respondent(s)
4. It has been submitted that lodging of N.C.R./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 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 Ambedkar Nagar to ensure that a verification report is sent to the District Magistrate, Ambedkar Nagar/opposite party no.2 containing the details of the N.C.R./F.I.R. registered against the petitioner. The District Magistrate while issuing Character Certificate shall mention the pendency of N.C.R./F.I.R. and charge sheet has 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 25, 2025 Anupam S/- WRIC No. 9406 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