BALVEER SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 5 OTHERS
WRIC/10837/2025 · 2025-11-21
Manjive Shukla, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 182995 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 182995 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10837 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing on behalf of the State-opposite parties and perused the record. 2. This petition has been filed by the petitioner with the following main prayers:-
"i) issue a, order or direction in the nature of Certiorari to quashed impugned order dated 11.03.2025 by means of which denying to issue the character certificate and not recommending for issuing the character certificate of the petitioner as rejecting the application of petitioner for issuing the character certificate by Uttar Pradesh Police CCTNS-Citizen Portal which is appear online portal, by summon from the opposite party no.4 as contain in annexure no.1 to this writ petition. ii) Issue a writ, order or direction in the nature of Certiorari to quashed impugned order as rejecting the application of petitioner for issuing the character certificate by Uttar Pradesh Police CCTNS-Citizen Portal which is appear online portal, by summon from the opposite party no.3 on recommendation of opposite parties no.3 as contain in annexure no.1 to this petition. iii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties to issue the character certificate to the petitioner for participating in the government contract process."
3. It has been submitted by learned counsel for the petitioner that the prayer of the petitioner for issuance of Character Certificate has been rejected on the ground that there is an F.I.R. bearing Case Crime No.329 of 2017, under Sections 420, 506, 427, 504, 379 IPC and Sections 3(1)(2)4(5)(10)14 of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, lodged at Police Station Shivgarh, District Raebareli. 4. It has been submitted that lodging of F.I.R. cannot make the petitioner Versus Counsel for Petitioner(s) : Dilip Kumar Pandey Counsel for Respondent(s) : C.S.C. Balveer Singh .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 5 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; 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. 6. We have gone through the judgement, which has been rendered by this Court in the case of Anil Kumar (supra). We are in agreement with the same. 7. We, therefore, dispose of this petition with a direction to the Superintendent of Police, Raebareli to ensure that a verification report is sent to the District Magistrate, Raebareli/respondent no.2 containing the details of the F.I.R. lodged against the petitioner. The District Magistrate while issuing Character Certificate shall mention the pendency of F.I.R. and the final report, if any, 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. November 21, 2025 Renu/- WRIC No. 10837 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench