SURESH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 4 OTHERS
WRIC/10559/2025 · 2025-11-13
Prashant Kumar, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 176707 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 176707 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10559 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:-
"1. Issue a writ, order or direction in the nature of Certiorari thereby setting aside the notice/communication dated 15.09.2025 and all referential communication mentioned therein to the extent they proceed on a presumption of guilt or bar the petitioner from engagement or continuous of duties as the Prantiya Rakshak Dal while facing a criminal trial. Copy of the notice/communication dt. 15/09/2025 issued by Respondent No.3 is annexed herewith as Annexure No.3 to this petition. 2. Issue a writ, order or direction in the nature of Mandamus directing the Opposite Party No. 3 & 4 to issue character certificate in favour of the petitioner."
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 F.I.R. in Case Crime/FIR No.111 of 2015 under Section 147, 148, 341, 353, 506, 427, IPC and 2/3/7 of Prevention of Damage of Public Property Act, 1986 at Police Station Jais, District Amethi. 4. It has been submitted that lodging of F.I.R. cannot make the petitioner Versus Counsel for Petitioner(s) : Mohammad Alishah Faruqi, Mohd Javed Counsel for Respondent(s) : C.S.C. Suresh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 4 Others .....Respondent(s)
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 Amethi, 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 Ashutosh WRIC No. 10559 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench