RAKESH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS
WRIC/10787/2025 · 2025-11-11
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188450 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188450 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10787 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard Shri Parijat Mishra Belaura and Shri Chanchal Kumar Pandey, learned counsel for the petitioner and the learned Standing Counsel who appears on behalf of the State-respondent nos.1 to 4. 2. This petition has been filed by the petitioner with the following main prayer:-
"(i) Issue writ order or direction in the nature Mandamus commanding the opposite party no.2 to issue Character Certificate in terms of law laid down by this Hon'ble High Court in the case of Writ C No- 718/2025 Anil Kumar Vs. State of U.P. and others."
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 is an F.I.R. bearing Case Crime No.924 of 2011, under Section 323, 324, 325, 427, 504, 506 IPC lodged at Police Station Kotwali 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; Neutral Citation No.-2025:AHC- Versus Counsel for Petitioner(s) : Parijat Mishra Belaura, Chanchal Kumar Pandey Counsel for Respondent(s) : C.S.C. Rakesh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Respondent(s)
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 Amethi to ensure that a verification report is sent to the District Magistrate, Amethi/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. 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 Ashutosh WRIC No. 10787 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench