M/S COMMERCIAL TRADING COMPANY THRU. PROPRIETOR RAFEEQ ULLAH KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME U.P. LKO. AND 3 OTHERS
/11289/2025 · 2025-11-24
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[ 2025 DAILYLAW 188857 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188857 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11289 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J.
HON'BLE AMITABH KUMAR RAI, 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:-
"i. ISSUE, writ, order or direction in the nature of CERTIORARI quashing the impugned order dated 29.10.2025 passed by the Opp. Party No.02 i.e. District Magistrate, District Bahraich, contained in ANNEXURE NO.04 to the writ petition. ii. ISSUE, writ, order or direction in the nature of MANDAMUS commanding the Respondents to consider and issue/renew the 'Character Certificate' of the petitioner as it was issued on 23.06.2023 and was valid till 23.06.2025 contained as Annexure No.9 to the writ petition following the guidelines framed by this Hon'ble Court in accordance with law."
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 is an F.I.R. and the criminal cases pending against him lodged at Police Station Kotwali Nagar, District Bahraich and others. 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- Versus Counsel for Petitioner(s) : Anil Kumar Pandey Counsel for Respondent(s) : C.S.C. M/S Commercial Trading Company Thru. Proprietor Rafeeq Ullah Khan .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. 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 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 District Magistrate, District Bahraich, to issue a character certificate to the petitioner while mentioning the F.I.R. and criminal cases 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. November 24, 2025 N.PAL WRIC No. 11289 of 2025 2 (Amitabh Kumar Rai,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench