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2025 DAILYLAW 201889 (ALL)

ACHIN GOYAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. U.P. AND 4 OTHERS

WRIC/10094/2025 · 2025-10-15

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10094 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. To issue an order or direction in nature to issue an order or directions in the nature mandamus to commanding the opposite parties to issue character certificate of the petitioner in according with law." 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.319/2022, under Sections 323, 506 I.P.C. lodged at Police Station Sarojini Nagar, District Lucknow. 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 Versus Counsel for Petitioner(s) : Sunita Dwivedi, Himanshu Tiwari Counsel for Respondent(s) : C.S.C. Achin Goyal .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And 4 Others .....Respondent(s) 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 Commissioner of Police, Lucknow to ensure that a verification report is sent to the District Magistrate, Luckknow/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. 10094 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench