Ashish Kant Shukla Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Ashish Kant Shukla Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Issuance of a Character Certificate by the District Magistrate, Sitapur, upon a verification report from the Superintendent of Police, Sitapur containing the details of the F.I.R. (Case Crime/FIR No. 101 of 2025); the certificate to record the pendency of the F.I.R. and the filing of the final report pending disposal before the trial court; issuance within four weeks of production of the Court's order.

Issue for consideration

Whether the order dated 12.8.2024 referred by the Station House Officer, Mishrikh, Sitapur (contained in Annexure No. 1) should be quashed by a writ of certiorari. +1 more

Ratio / Principle

Endorsing its earlier judgment rendered on 28.05.2025 in Anil Kumar and connected matters, the Court agreed with the approach that where a criminal case is pending against a person, the Character Certificate should mention the details of such criminal case and the question of suitability be left to the employer/agency to which the person has applied, to be decided after application of mind.

Key takeaways

The Court disposed of the petition by directing the Superintendent of Police, District Sitapur, to ensure that a verification report is sent to the District Magistrate, Sitapur (respondent No.2).ratio¶¶21
The verification report to be sent to the District Magistrate is to contain the details of the F.I.R. lodged against the petitioner.ratio¶¶21
The District Magistrate, while issuing the Character Certificate, shall mention the pendency of the F.I.R. and that the final report has been filed in the trial court, which is pending disposal before the trial court.

Detailed headnote1 paragraphs

Writ-C No. 11566 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 3; decided 02.12.2025): Ashish Kant Shukla sought certiorari quashing of the order dated 12.08.2024 referred by the Station House Officer, Mishrikh, Sitapur, and mandamus issuance of a Character Certificate. His prayer was not being considered because of F.I.R. — Case Crime/FIR No. 101 of 2025 under Sections 3/9 of the U.P. Public Examinations (Prevention of Unfair Means) Act, 1998, Police Station Mishrikh, District Sitapur. Agreeing with its earlier decision of 28.05.2025 in Anil Kumar v. State of U.P. (Writ-C No. 718 of 2025; 2025:AHC-LKO:32272-DB) — that a pending criminal case should be mentioned in the Character Certificate, leaving suitability to the employer/agency after application of mind — the Bench disposed of the petition, directing the Superintendent of Police, Sitapur to send a verification report containing the F.I.R. details to the District Magistrate, Sitapur (respondent No. 2), who was to issue the certificate within four weeks, recording the F.I.R. pendency and that the final report had been filed and remained pending before the trial court.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 11566 of 2025

Ashish Kant Shukla

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others

n ers	...	..Respondent(s)
Counsel for Petitioner(s)	: Bhupendra Veer Singh, Krishna Murti Singh, Maurya, Siddhant Singh	Aman Bahadur, Pawan Kumar
Counsel for Respondent(s)	: C.S.C.

Court No. - 3

HON'BLE SHEKHAR B. SARAF, J. HON'BLE MANJIVE SHUKLA, J.

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

This petition has been filed with the following main prayer:-

"a) Issue a Writ, order or direction in the nature of CERTIORARI for quashing the order dated 12.8.2024 as referred by Station House Officer, Mishrikh, Sitapur, contained in Annexure No. 1.

b) Issue a writ, order or direction in the nature of MANDAMUS commanding the opposite party no. 3 to issue the character certificate in favour of the petitioner."

It has been submitted by learned counsel for the petitioners 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.101 of 2025 under Sections 3/9 of U.P. Public Examinations (Prevention of Unfair Means) Act, 1998 lodged at Police Station Mishrikh, District Sitapur.

It has been submitted that lodging of F.I.R. cannot make the petitioner automatically guilty of any offence.

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

WRIC No. 11566 of 2025

2

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.

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.

We, therefore, dispose of this petition with a direction to the Superintendent of Police, District Sitapur, to ensure that a verification report is sent to the District Magistrate, Sitapur, respondent No.2, containing the details of the F.I.R. lodged against petitioner. The District Magistrate while issuing Character Certificate shall mention the pendency of F.I.R. and the final report 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.

(Manjive Shukla,J.) (Shekhar B. Saraf,J.)

December 2, 2025

Ashutosh

Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench