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2025 DAILYLAW 189823 (ALL)

SMT. ROSHANI DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

WRIC/9731/2025 · 2025-10-07

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9731 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, 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 undated order issued by the Opp. Party No.03 contained in ANNEXURE NO.01 to the writ petition after summoning its original. ii. ISSUE, writ, order or direction in the nature of MANDAMUS commanding the opp. parties to consider and issue the 'Character Certificate' 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. in Case Crime/FIR No.519 of 2024 under Sections 147, 323, 427, 504, 506 I.P.C. lodged at Police Station Kotwali Sadar, District Kheri. 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. Versus Counsel for Petitioner(s) : Alok Kumar Tiwari, Shrey Shukla Counsel for Respondent(s) : C.S.C. Smt. Roshani Devi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others .....Respondent(s) 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 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 Kheri, 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. October 7, 2025 Raj WRIC No. 9731 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench