ANUPAM DWIVEDI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME AND 2 OTHERS
/9906/2025 · 2025-10-13
Prashant Kumar, Shekhar B Saraf
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200469 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200469 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9906 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) To issue a writ, order or direction in the nature of by quashing the impugned rejection order(undated) contained as Annexure no.1 to the Writ Petition. (II) To issue a writ, order or direction in the nature of Mandamus commanding opposite arties to take Decision regarding issuance of Character Certificate afresh in view of the judgement passed by this Hon'ble court in writ-C 518/2024. expeditiously within stipulated period in the ends of justice."
3. It has been submitted by learned counsel for the petitioner that the prayer of the petitioner for issuance of Character Certificate has been rejected on the ground that there is an F.I.R. bearing Case Crime No.202/2013, under Sections 323, 504, 506 I.P.C lodged at Police Station Innayat Nagar, District Faizabad/Ayodhya. 4. It has been submitted that lodging of F.I.R. cannot make the petitioner Versus Counsel for Petitioner(s) : Onkar Nath Tiwari Counsel for Respondent(s) : C.S.C. Anupam Dwivedi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And 2 Others .....Respondent(s)
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; 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 Ayodhya to ensure that a verification report is sent to the District Magistrate, Ayodhya/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 13, 2025 Anupam S/- WRIC No. 9906 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench