MANGLA PRASAD MISHRA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS
WRIC/10130/2025 · 2025-10-15
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 195993 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 195993 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10130 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J.
HON'BLE PRASHANT KUMAR, J.
1. Heard learned counsel for the petitioner as well as learned Standing Counsel appearing on behalf of the State-opposite parties and perused the record. 2. This petition has been filed by the petitioner with the following main prayer:-
"I. Issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no. 2 to consider and decide application for grant of Character Certificate made on 16.05.2025 and to issue Character Certificate to petitioner expeditiously, as in absence of character certificate, he is unable to obtain any tender despite of his solvency."
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 are two F.I.R. bearing Case Crime No.22/2025, under Sections 308(2), 352, 351(2), 351(3) of B.N.S., Police Station Gosainganj, District Sultanpur and Case Crime No.24/2025, under Sections 115(2), 352, 351(3), 126 of B.N.S. & 3(1) Da, Dha of S.C./S.T. Act, Police Station Dhanpatganj, District Sultanpur. 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) : D.P. Dutt Tiwari, Piyush Kumar Mishra Counsel for Respondent(s) : C.S.C. Mangla Prasad Mishra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 3 Others .....Respondent(s)
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- 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 Sultanpur to ensure that a verification report is sent to the District Magistrate, Sultanpur/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. October 15, 2025 Anupam S/- WRIC No. 10130 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench