KRISHNA DEV TEWARI @ SANJAY TEWARI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
/11935/2025 · 2025-12-15
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[ 2025 DAILYLAW 185723 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 185723 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11935 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-respondents and perused the record. 2. This petition has been filed by the petitioner with the following main prayers :-
"(a) To issue a writ, order or direction in the nature of certiorari quashing the order issued by the Opp. parties rejecting the application of the petitioner for issuance of character certificate after summoning the same in original. (b) To issue a writ, order or direction in the nature of mandamus commanding and directing the Opp. parties to issue character certificate to the petitioner in view of judgment rendered by this Hon'ble Court in the case of Anil Kumar Vs. State of U.P. and others expeditiously or within the time stipulated by this Hon'ble Court. (c) To award the cost of the petition in favour of the petitioner."
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.257 of 2022, under Sections 336, 504 and 506 IPC lodged at Police Station Dahi, District Unnao. 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) : Savita Jain Counsel for Respondent(s) : C.S.C. Krishna Dev Tewari @ Sanjay Tewari .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. 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 respondent No.3, Superintendent of Police, District Unnao to ensure that a verification report is sent to the respondent No.2, District Magistrate, Unnao 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 cks/- WRIC No. 11935 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench