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2025 DAILYLAW 187712 (ALL)

HAUSHILA PRASAD v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. HOME AND 3 OTHERS

WRIC/11996/2025 · 2025-12-16

Manjive Shukla, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11996 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayers:- "(A) Issue a writ, order, or direction in the nature of mandamus commanding the opposite parties, especially the opposite party no.2, to reconsider the application No.319492533294 submitted by the petitioner online on the official website of the U.P. Police for the issuance of the character certificate and issue the same in favour of the petitioner." 3. It has been submitted by learned counsel for the petitioner that his prayer for issuance of character certificate has been rejected on the ground that there are F.I.Rs. in Case Crime/FIR No.20 of 2024 under Section 147, 148, 323, 504, 506 of IPC, Police Station Amethi, District Amethi. 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 reported in 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 Versus Counsel for Petitioner(s) : Birendra Pratap Singh Counsel for Respondent(s) : C.S.C. Haushila Prasad .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Home And 3 Others .....Respondent(s) 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 judgment which has been rendered in a bunch of writ petitions on 28.05.2025 by this Court. We are in agreement and we, therefore, dispose of this petition with a direction to the Superintendent of Police, District Ayodhya, to issue a character certificate to the petitioner while mentioning the F.I.R. lodged against him. Such certificate be issued within a period of four weeks from the date a copy of this order is produced before him. December 16, 2025 Anurag WRIC No. 11996 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench