Sunil Kumar Jaiswal Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Sunil Kumar Jaiswal Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the Commissioner of Police, District Lucknow to send a verification report containing details of the F.I.R. lodged against the petitioner to the District Magistrate, Lucknow; the District Magistrate to issue the Character Certificate mentioning the pendency of the F.I.R., within four weeks from the date a copy of the order is produced before him.

Issue for consideration

Whether the petitioner's prayer for issuance of a Character Certificate could be rejected solely on the ground that an F.I.R. (Case Crime No. 96 of 2024) is pending against him, given that lodging of an F.I.R. does not make a person automatically guilty of any offence.

Court's answer

This Court expressed agreement with its earlier decision in Anil Kumar (Writ-C No. 718 of 2025, Neutral Citation No.-2025:AHCLKO:32272-DB) that where a criminal case is pending against a person, the Character Certificate should mention the details of such criminal case and leave the suitability decision to the employer/agency after application of mind.

Ratio / Principle

The petition was disposed of with a direction to the Commissioner of Police, District Lucknow to ensure that a verification report containing the details of the F.I.R. lodged against the petitioner is sent to the District Magistrate, Lucknow.

Key takeaways

The District Magistrate, while issuing the Character Certificate, shall mention the pendency of the F.I.R. therein rather than refuse issuance.ratio¶7
The Character Certificate is to be issued within a period of four weeks from the date a copy of the Court's order is produced before the District Magistrate.ratio¶7

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 11623 of 2025, Allahabad High Court, Lucknow Bench) seeking certiorari quashing of the order of the Assistant Commissioner of Police, South, Police Commissionerate, Lucknow (opposite party no. 2), which had rejected the petitioner Sunil Kumar Jaiswal's prayer for a Character Certificate on the sole ground of a pending F.I.R. — Case Crime No. 96 of 2024 under Sections 279, 337, 338 IPC, P.S. Nagram, District Lucknow. The Division Bench (Shekhar B. Saraf and Manjive Shukla, JJ.) went through and expressed agreement with its earlier decision in Anil Kumar (Writ-C No. 718 of 2025; Neutral Citation No.-2025:AHCLKO:32272-DB), under which a pending criminal case is to be reflected in the Character Certificate and the question of the candidate's suitability left to the employer/agency after application of mind. The petition was disposed of with directions: the Commissioner of Police, District Lucknow to ensure that a verification report containing the details of the F.I.R. lodged against the petitioner is sent to the District Magistrate, Lucknow; the District Magistrate, while issuing the Character Certificate, to mention the pendency of the F.I.R.; and the certificate to be issued within four weeks of production of a copy of the order before him. Decision dated December 11, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 11623 of 2025

Sunil Kumar Jaiswal

.....Petitioner(s)

Versus

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

.....Respondent(s) Counsel for Petitioner(s) : Sanjay Kumar Trivedi, Saksham Singh 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 petitioner as well as learned Standing Counsel appearing on behalf of the State-opposite parties and perused the record.

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

"(i) Issue a writ, order or command or direction in nature of certiorari quashing the impugned order passed by the Assistant Commissioner of Police, South, Police Commissionerate, Lucknow (hereinafter opposite party no. 02) marked as Annexure No. 1 to this writ petition."

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.96 of 2024 under Sections 279, 337, 338 IPC lodged at Police Station Nagram, District Lucknow.

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; Neutral Citation No.-2025:AHCLKO: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

WRIC No. 11623 of 2025

2

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 by this Court in the case of Anil Kumar (supra). We are in agreement with the same.

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 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.

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

December 11, 2025

Ashutosh

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