Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 203637 (ALL)

SANTOSH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND 2 OTHERS

/9909/2025 · 2025-10-13

Prashant Kumar, Shekhar B Saraf

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9909 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE PRASHANT KUMAR, J. 1. Heard learned Counsel for the petitioner and learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with the following main prayer:- "i. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated-15.09.2025 issued by the opposite party no. 3 contained in Annexure No. 1 to the writ petition after summoning its original." 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.0100/2020, under Sections 323, 504, 506 I.P.C. lodged at Police Station Musafirkhana, 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 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) : Zahir Ahmad Khan Counsel for Respondent(s) : C.S.C. Santosh Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home 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 Amethi to ensure that a verification report is sent to the District Magistrate, Amethi 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. and the charge sheet having been filed in the trial court, which is pending disposal before the trial court. 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. 9909 of 2025 2 (Prashant Kumar,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench