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2025 DAILYLAW 177804 (ALL)

VIJAY BAHADUR SINGH v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

WRIC/12181/2025 · 2025-12-17

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12181 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, in the order or direction nature of certiorari thereby quash the impugned rejection made on the character certificate's application of the petitioner as application service request No. 319492533278 dated 16/11/2025, rejected by opposite party no.3, which is contained as Annexure No.1 to this writ petition, in the interest of justice. II. Issue a Writ, order or direction in the nature of mandamus thereby commanding and directing to the Opposite parties to issue the Character Certificate to the Petitioner in accordance with law, in the interest of justice." 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.0119 of 2025, under Section 3(2)(va), 3(1)(gha), 3(1)(da) of UP Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act, 1989) and and Section 351(3), 352, 115(2) of BNS, Police Station- Musafirkhana, District- Amethi. 4. It has been submitted that lodging of F.I.R. cannot make the petitioner Versus Counsel for Petitioner(s) : Raghvendra Ojha Counsel for Respondent(s) : C.S.C. Vijay Bahadur Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 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. December 17, 2025 Ashutosh WRIC No. 12181 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench