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2025 DAILYLAW 174241 (ALL)

SHER BAHADUR v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS

WRIC/10958/2025 · 2025-11-13

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10958 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, 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 to issue a writ of mandamus directing the respondents to issue the Character Certificate in favour of the petitioner in accordance with law, within a time-bound period as may be fixed by this Hon'ble Court. ii. Issue a writ, order or direction, declaring that the past criminal cases in which the petitioner has either been acquitted or released on probation shall not be treated as a bar for issuance of Character Certificate." 3. It has been submitted by learned counsel for the petitioner that there were two F.I.Rs. against the petitioner. The one being Case Crime/FIR No.313 of 1977, under Section 379 of I.P.C., Police Station Uttarola, District Balrampur in which the petitioner has been acquitted and another F.I.R. bearing Case Crime No.71 of 1978, under Section 379 of I.P.C.,in which the Court concerned upon conclusion of the trial disposed of the matter extending the benefit of probation. Versus Counsel for Petitioner(s) : Iqbal Ahmad Counsel for Respondent(s) : C.S.C. Sher Bahadur .....Petitioner(s) State Of U.P. Thru. Secy. 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 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 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 Balrampur, 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. November 13, 2025 Arjun/- WRIC No. 10958 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ARJUN PRASAD High Court of Judicature at Allahabad, Lucknow Bench