SUDHIR KUMAR ALIAS BABLU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
/11857/2025 · 2025-12-12
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173973 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173973 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11857 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel for the petitioner as well as learned 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. to issue a writ order or direction in the nature of certiorari for quashing the report dated 07.10.2025, by means of which the opposite party no.4 forwarded a report to the opposite party no.3 with endorsement that 'चिरś Šमाण पś Šदान िकए जाने की संĥतुित नहȂ की जाती है' on the ground of pendency of a criminal case, as contained in Annexure No.1 to the writ petition: ii. to 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 application no V.R.-95/2025 dated 09.09.2025, relating to Police Station Bhinga District Shrawasti."
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 one F.I.R. bearing Case Crime No.215/2025, under Sections 191(2), 191(3), 115(2), 352, 351(2), 118(1) of B.N.S. & Section 3(1) (da), 3(1)(gha) of S.C./S.T. Act, Police Station Bhinga, District Shrawati. Versus Counsel for Petitioner(s) : Dhananjai Kumar Tripathi Counsel for Respondent(s) : C.S.C. Sudhir Kumar Alias Bablu .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s)
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 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 Shrawasti to ensure that a verification report is sent to the District Magistrate, Shrawasti/respondent 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. December 12, 2025 Ashutosh WRIC No. 11857 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench