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2025 DAILYLAW 167934 (ALL)

PRABHAT SINGH v. ADDL. CHIEF SECY. MEDICAL HEALTH AND FAMILY WELFARE DEPTT. LKO. AND 3 OTHERS

WRIC/9668/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9668 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 4. 2. This petition has been filed with the following main prayers:- "a) Issue a Writ, order or direction in the nature of CERTIORARI for quashing the order dated 28.08.2025 as referred by Station House Officer, Antu, Pratapgarh, contained in Annexure No. 1. b) Issue a writ, order or direction in the nature of MANDAMUS 2 to issue the commanding the opposite party no. appointment letter to the petitioner on the post of Junior Assistant on the basis of selection which was finalized on 01.08.2025.” 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.212 of 2025, under Sections 115(2), 118(1), 352 and 351(2) of Bharatiya Nyaya Sanhita, 2023. 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 Versus Counsel for Petitioner(s) : Vikas Singh, Mahendra Bahadur Singh Counsel for Respondent(s) : C.S.C. Prabhat Singh .....Petitioner(s) Addl. Chief Secy. Medical Health And Family Welfare Deptt. Lko. And 3 Others .....Respondent(s) 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 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 Pratapgarh to ensure that a verification report is sent to the District Magistrate, Pratapgarh, containing the details of the F.I.R. lodged against the petitioner. The District Magistrate, Pratapgarh 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 26, 2025 Rao/- WRIC No. 9668 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