AKHILESH KUMAR SRIAVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 4 OTHERS
WRIC/11625/2025 · 2025-12-11
Manjive Shukla, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 183958 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 183958 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11625 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 writ, order or direction, in the nature of certiorari, quashing the impugned letter dated 4.9.2025, sent by opposite party no. 4 to opposite party no. 5, informing him about the rejection of petitioner's application for issuance of character certificate uploaded on line on Ayodhya Police portal on 12.6.2025 (as contained in Annexure Nos. 3 and 4 to this petition), in the interest of justice. ii) issue a writ, order or direction, in the nature of mandamus, commanding the opposite party no. 2 to pass the written order on the 'ON LINE APPLICATION', uploaded on 'Ayodhya Police portal' on 12.6.2025 by the petitioner, for issuance of character certificate in his favour, and do not reject his aforesaid application, solely on the ground of registration of single case, which is of petty nature u/section 427, 504, 506 IPC in P.S. Raunahi, Ayodhya on Crime No. 0591 of 2023, 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 has been rejected on the ground that there is an F.I.R. bearing Case Crime No.0591 of 2023 under Sections 427, 504, 506 IPC lodged at Police Station Versus Counsel for Petitioner(s) : Avinash Kumar Srivastava Counsel for Respondent(s) : C.S.C. Akhilesh Kumar Sriavastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others .....Respondent(s)
Raunahi, 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 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, District Ayodhya to ensure that a verification report is sent to the District Magistrate, Ayodhya 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. December 11, 2025 Ashutosh WRIC No. 11625 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench