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2025 DAILYLAW 200626 (ALL)

Abhishek Kumar v. State of U.P. through Secretary Home Department, Lucknow, and 2 Others

/9992/2025 · 2025-10-13

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9992 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 prayers:- "(a) to issue a writ order or direction in the nature of Certiorari for quashing the impugned order of refusal for recommendation the application dated 11.08.2025 submitted by the petitioner for issuing character certificate by the opposite party No-3, contained as Annexure No-1 to this writ petition. (b) to issue a writ order or direction in the nature of Mandamus commanding the opposite parties to issue charectro certificate by extending the benefit of order dated 28.05.2025 passed by this Hon'ble Court in WRIT-C No.-718 of 2025, Anil Kumar Vs State Of U.P. Thru. Addl. Chief Secy Deptt. of Home Lko. And 3 Others during pendence of this writ petition." 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.507 of 2023 under Sections 323, 504 and 506 I.P.C. lodged at Police Station Katra Bazar, District Gonda. 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) : Angrej Nath Shukla Counsel for Respondent(s) : C.S.C. Abhishek Kumar .....Petitioner(s) State Of U.P. Through Secretary Home Department, Lucknow, And 2 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 Gonda to ensure that a verification report is sent to the District Magistrate, Gonda 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 cks/- WRIC No. 9992 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- CHANDRA KANT SINGH High Court of Judicature at Allahabad, Lucknow Bench