MOHAMMAD ABDULLA v. DISTT. MAGISTRATE BAHRAICH DISTT. BAHRAICH AND ANOTHER
/11608/2025 · 2025-12-09
Manjive Shukla, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 188903 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 188903 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11608 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 prayer:-
"(I) Issue a writ, order or direction in the nature of Certiorari to quash the police verification report dated 22.11.2025, by which the opposite party No. 2 has submitted the report before the opposite party No. 1 thereby not recommended for renewal of the character certificate of the petitioner on the ground of pendency of one criminal case against him, as contained in Annexure No. 1 to this writ petition. (II) Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite party No. 1 to renew the character certificate of the petitioner, 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 is not being considered on the ground that there is an F.I.R. in Case Crime/FIR No.1199 of 2009 under Sections 120-B, 409, 420, 467, 468, 471 of the I.P.C. lodged at Police Station Kotwali Nagar, District Bahraich. 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) : Ajey Singh Counsel for Respondent(s) : C.S.C. Mohammad Abdulla .....Petitioner(s) Distt. Magistrate Bahraich Distt. Bahraich And Another .....Respondent(s)
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 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 in a bunch of writ petitions on 28.05.2025 by this Court. We are in agreement with the same. 7.
We, therefore, dispose of this petition with a direction to the Superintendent of Police, District Bahraich, to ensure that a verification report is sent to the District Magistrate, Bahraich, 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., 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. December 9, 2025 Ashutosh WRIC No. 11608 of 2025 2 (Manjive Shukla,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench