Allahabad High Court

WRIC/10577/2025 of SHAH ARYAN AGARWAL Vs THE STATE OF U.P. THRU. ADDL. CHIEF/PRIN. SECY. DEPTT. OF HOME AND 3 OTHERS on 31 October 2025

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JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 10577 of 2025 Court No. - 3 HON'BLE SHEKHAR B. SARAF, J. HON'BLE SUBHASH VIDYARTHI, J. 1. Heard learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the State Respondents. 2. This petition has been filed with

HIGH COURT OF JUDICATURE AT ALLAHABAD

LUCKNOW

WRIT - C No. - 10577 of 2025

Court No. - 3

HON'BLE SHEKHAR B. SARAF, J.

HON'BLE SUBHASH VIDYARTHI, J.

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1. Heard learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the State Respondents.

2. This petition has been filed with the following main prayer:- "(i) to issue a writ, order or direction in the nature of Mandamus Commanding to the respondent to issue the character certificate in favour of the petitioner within a reasonable time as early as possible 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. in Case Crime/FIR No.167 of 2024 under Sections 351(2), 352, 126(1) BNS at Police Station Chawk, 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 reported in 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 Versus Counsel for Petitioner(s) : Uttam Kumar Awasthi Counsel for Respondent(s) : C.S.C. Shah Aryan Agarwal .....Petitioner(s) The State Of U.P. Thru. Addl. Chief/Prin. Secy. Deptt. Of Home And 3 Others .....Respondent(s)

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 in a bunch of writ petitions on 28.05.2025 by this Court. We are in agreement with the same.

7. We, therefore, dispose of this petition with a direction to the Commissioner of Police, District Lucknow, to ensure that a verification report is sent to the District Magistrate, Lucknow, 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. and the final report, if any, 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 31, 2025 Ashutosh WRIC No. 10577 of 2025 2 (Subhash Vidyarthi,J.) (Shekhar B. Saraf,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

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