JATA SHANKER PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME AND 3 OTHERS
/12142/2025 · 2025-12-15
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[ 2025 DAILYLAW 184934 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 184934 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 12142 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 prayer:-
"Issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no. 2 to consider and decide application for grant of Character Certificate made on 17.11.2025 and to issue Character Certificate to petitioner expeditiously, as in absence of character certificate, he is unable to obtain No.01 to the Writ Petition)."
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 are four F.I.R.s bearing Case Crime No.114 of 2023 P.S. Kotwali Dehat, District Sultanpur, Case Crime No.38 of 2022, under Section 147, 328, 504, 506 IPC, P.S. Kotwali Dehat, District Sultanpur, Case Crime No.50 of 2017, under Section 188, 171(H) IPC, P.S. Lambhua, District- Sultanpur and Case Crime No.148 of 2025 under Section 115(2), 352, 351(3), 126 of BNS, P.S.Shivgarh, District Sultanpur. 4. It has been submitted that lodging of F.I.R. cannot make the petitioner automatically guilty of any offence. Versus Counsel for Petitioner(s) : D.P. Dutt Tiwari, Piyush Kumar Mishra Counsel for Respondent(s) : C.S.C. Jata Shanker Pandey .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home And 3 Others .....Respondent(s)
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 Sultanpur to ensure that a verification report is sent to the District Magistrate, Sultanpur 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 15, 2025 Ashutosh WRIC No. 12142 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