ASHISH KANT SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
/11566/2025 · 2025-12-02
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177355 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177355 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11566 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel for the petitioners and the learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:-
"a) Issue a Writ, order or direction in the nature of CERTIORARI for quashing the order dated 12.8.2024 as referred by Station House Officer, Mishrikh, Sitapur, contained in Annexure No. 1. b) Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party no. 3 to issue the character certificate in favour of the petitioner."
3. It has been submitted by learned counsel for the petitioners that the prayer of the petitioner for issuance of Character Certificate is not being considered on the ground that there is an F.I.R. in Case Crime/FIR No.101 of 2025 under Sections 3/9 of U.P. Public Examinations (Prevention of Unfair Means) Act, 1998 lodged at Police Station Mishrikh, District Sitapur. 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) : Bhupendra Veer Singh, Aman Bahadur, Krishna Murti Singh, Pawan Kumar Maurya, Siddhant Singh Counsel for Respondent(s) : C.S.C. Ashish Kant Shukla .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. 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 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 Sitapur, to ensure that a verification report is sent to the District Magistrate, Sitapur, respondent No.2, containing the details of the F.I.R. lodged against petitioner.
The District Magistrate 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. December 2, 2025 Ashutosh WRIC No. 11566 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench