KAUSHLENDRA PRATAP SINGH v. STATE OF U.P THRU. PRIN. SECY. HOME CIVIL SECTT. LKO. AND 3 OTHERS
/10811/2025 · 2025-11-19
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 176496 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176496 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10811 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, 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 quashing the report dated 15.04.2025 (contained in Annexure no.1 to the writ petition) on what basis the fourth respondent not recommended the issuance of character certificate to the petitioner. ii. Issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to issue the character certificate to petitioner in pursuance of the online application no.9258/2025 related to the petitioner Police Station-Kotwali Dehat, 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.226/2014, under Sections 147, 148, 323, 506 I.P.C. and Section 7 of Criminal Law Amendment Act, 1987 lodged at Police Station -Kotwali Dehat, 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 Versus Counsel for Petitioner(s) : Sayyed Farooq Ahmad, Afzal Ahmad, Vinod Kumar Yadav Counsel for Respondent(s) : C.S.C. Kaushlendra Pratap Singh .....Petitioner(s) State Of U.P Thru. Prin. Secy. Home Civil Sectt. Lko. And 3 Others .....Respondent(s)
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 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. November 19, 2025 akhilesh/- WRIC No. 10811 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- AKHILESHWAR KUMAR High Court of Judicature at Allahabad, Lucknow Bench