CHANDRADHAR DUBEY @ CHANDRADHAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
WRIC/10397/2025 · 2025-11-10
Prashant Kumar, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 183408 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 183408 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10397 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, 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 writ, order or direction in the nature of MANDAMUS commanding and directing the opposite parties particularly opposite parties no 3 to issue character certificate of petitioner, in the interest of justice. (ii) To direct the opposite party no 3, to decide the Complaint/Application having application form for issuance of Character Certificate registration no. 316412538682 filed by petitioner (Annexure No. 1), pending before the opposite party no 3, expeditiously preferable within a stipulated period fixed by this Hon'ble Court, 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 ground that there is an F.I.R. bearing Case Crime No.3 of 2019, under Sections 323, 504, 506 I.P.C. lodged at Police Station Khandasa, District Ayodhya. 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 Versus Counsel for Petitioner(s) : Anil Kumar Tiwari Counsel for Respondent(s) : C.S.C. Chandradhar Dubey @ Chandradhar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
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 respondent No.3, Superintendent of Police, District Ayodhya to ensure that a verification report is sent to the respondent No.2, District Magistrate 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. Such certificate be issued within a period of four weeks from the date a copy of this order is produced before him. November 10, 2025 cks/- WRIC No. 10397 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench