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2025 DAILYLAW 185349 (ALL)

DURGESH KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME DEPTT. LKO. AND 3 OTHERS

WRIC/10877/2025 · 2025-11-11

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10877 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 prayer:- "I) issue a, order or direction in the nature of Certiorari to quash the rejection of character certificate of petitioner on the character certificate form no. 202508171227 dated 17.08.2025 passed by Opposite Party No. 3, in the interest of justice. (Contained as Annexure No.1). II) issue a, order or direction in the nature of Mandamus commanding the opposite parties particularly Opposite Party No. 2 & 3 to issue character certificate to the petitioner withing stipulated period of time (contained as Annexure No. 1) at an earliest, 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.910 of 2020, under Sections 147, 323, 504, 506 IPC, lodged at Police Station Chinhat, District Lucknow. Versus Counsel for Petitioner(s) : Prabhakar Pandey, Rahul Tripathi, Vinod Kumar Counsel for Respondent(s) : C.S.C. Durgesh Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) 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 Commissioner of Police, Commissionerate Lucknow to ensure that a verification report is sent to the District Magistrate, Lucknow/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 11, 2025 Saurabh Yadav/- WRIC No. 10877 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench