NITIN GUPTA (MINOR) THRU.HIS FATHER SRIRAM v. STATE OF U.P. THRU. SECY. (HOME) U.P. LKO. AND 2 OTHERS
/9860/2025 · 2025-10-13
Prashant Kumar, Shekhar B Saraf
body2025
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[ 2025 DAILYLAW 200550 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 200550 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9860 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:-
"a. issue a writ, order or direction in the nature of mandamus, directing the opposite party No.2 to issue 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. bearing Case Crime No.428 of 2021 under Sections 147, 148, 452, 323, 504, 506 & 427 IPC and Case Crime No.376 of 2020 under Sections 147, 148, 323, 504, 506 IPC lodged at Police Station Cant, District Faizabad. 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. 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 Versus Counsel for Petitioner(s) : Priyanka Yadav, Pradeep Kumar Maurya Counsel for Respondent(s) : C.S.C. Nitin Gupta (Minor) Thru.His Father Sriram .....Petitioner(s) State Of U.P. Thru. Secy. (Home) U.P. Lko. And 2 Others .....Respondent(s)
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 Faizabad to ensure that a verification report is sent to the District Magistrate, Faizabad 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 Ashutosh WRIC No. 9860 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench