KAUSHTUBH MANI (IN ADHAR CARD KAUSHTU MANDI) v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME U.P. LKO. AND 2 OTHERS
WRIC/11803/2025 · 2025-12-10
Rajeev Bharti, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 177703 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177703 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11803 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE RAJEEV BHARTI, J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing on behalf of the State-respondents and perused the record. 2. This petition has been filed by the petitioner with the following main prayers:-
"I. Issue a writ order or direction in the nature of certiorari to dated quash the impugned letter No. 319492523259/2025 October 2025 issued by opposite party no.2 (as contained in Annexure No.1 to the writ petition), in the interest of justice. Petitioner is also praying for issuance of a writ order or direction in the nature of mandamus thereby directing the opposite parties no. 2 i.e. Superintendent of Police, District- Amethi to issue character certificate to the petitioner by passing appropriate order, in accordance with law. II. Issue a writ, order or direction in the nature of mandamus thereby directing the opposite parties no.2 i.e. Superintendent of Police, District- Amethi to issue character certificate to the petitioner by passing appropriate order, in accordance with law in the interest of justice."
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 basis of report submitted by Station House Officer, Piparpur/Circle Officer, Amethi in which it has been mentioned that Case Crime No.144 of 1976, under Section 304 I.P.C. had been registered against the petitioner at Police Station- Versus Counsel for Petitioner(s) : Vinod Mishra, Akshat Verma, Antriksh Verma Counsel for Respondent(s) : C.S.C. Kaushtubh Mani (In Aadhar Card Kaushtu Mandi) .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home U.P. Lko. And 2 Others .....Respondent(s)
Piparpur. It is further submitted that in Case Crime No.144 of 1976, after trial the petitioner had been convicted under Sections 325 I.P.C. and was sentenced to undergo rigorous imprisonment for three years with a fine of Rs.100/-; he was also convicted under Section 324 I.P.C. and sentenced to undergo rigorous imprisonment for six months.
Thereafter the petitioner approached this Court by filing Criminal Appeal No.268 of 1978 and the aforesaid criminal appeal was decided vide order dated 31.08.1979 reducing the sentence awarded under Section 325 I.P.C. from three years to two years rigorous imprisonment and conviction under Section 324 I.P.C. was set aside. 4. 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. 5. We have gone through the judgment, which has been rendered by this Court in the case of Anil Kumar (supra). We are in agreement with the same. 6. We, therefore, dispose of this petition with a direction to the Superintendent of Police, District Amethi/respondent no.2 to ensure that a verification report is sent to the District Magistrate, Amethi containing the details of the Case Crime No.144 of 1976 lodged/pending against the petitioner. The District Magistrate while issuing Character Certificate shall mention the pendency of the aforesaid case. Such certificate be issued within a period of four weeks from the date a copy of this order is produced before him. December 10, 2025 Anand/- WRIC No. 11803 of 2025 2 (Rajeev Bharti,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench