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2025 DAILYLAW 199688 (ALL)

BHAJANLAL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. HOME LKO. AND 3 OTHERS

WRIC/10136/2025 · 2025-10-17

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10136 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 a writ, in the order or direction nature of certiorari thereby quash the impugned noting during the verification process rejected on the application of the petitioner as application service request No. 3194922501238 dated 14.01.2025 in the interest of justice which is contained as Annexure No.1 to this writ petition. II. Issue a Writ, order or direction in the nature of mandamus thereby commanding and directing to the Opposite parties to issue the Character Certificate to the Petitioner in accordance with law, in the interest of justice." 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.194 of 2023 under Sections 504, 506 and 427 I.P.C. lodged at Police Station Munshiganj, 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 Versus Counsel for Petitioner(s) : Vyas Narayan Shukla Counsel for Respondent(s) : C.S.C. Bhajanlal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others .....Respondent(s) 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 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 17, 2025 cks/- WRIC No. 10136 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench