Akhilesh Kumar Sriavastava Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

Akhilesh Kumar Sriavastava Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of (not quashed/mandamus granted as prayed): SP, District Ayodhya directed to send verification report to DM, Ayodhya with FIR details; DM to issue Character Certificate mentioning pendency of F.I.R. within four weeks of a copy of the order being produced before him.

Issue for consideration

Whether the petitioner's character certificate application uploaded on the Ayodhya Police portal on 12.6.2025 may be rejected solely on the ground of registration of a single criminal case of petty nature against him (Crime No. 0591 of 2023, Sections 427, 504, 506 IPC, P.S. Raunahi, Ayodhya), and whether a written order must be passed on the application instead.

Court's answer

Where a criminal case is pending against a person, the Character Certificate issued should mention the details of such pending criminal case, and the decision regarding suitability of the candidate/applicant should be left to the employer/agency to which the petitioner has applied, after application of mind; this Court expressed agreement with its earlier decision in Anil Kumar (Writ-C No. 718 of 2025) adopting this approach.

Ratio / Principle

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

Key takeaways

The District Magistrate, while issuing the Character Certificate, shall mention the pendency of the F.I.R., and the certificate shall be issued within four weeks from the date a copy of this order is produced before him.ratio¶22

Detailed headnote1 paragraphs

Allahabad HC (Lucknow Bench), WRIT-C No. 11625 of 2025, decided 11-12-2025 (Shekhar B. Saraf & Manjive Shukla, JJ.) - Akhilesh Kumar Sriavastava v. State of U.P. thru Prin. Secy. Home Deptt. Lko. & 4 others: Petitioner sought (i) certiorari quashing of the letter dated 4.9.2025 (opp. party no. 4 to opp. party no. 5) rejecting his character-certificate application uploaded on-line on the Ayodhya Police portal on 12.6.2025, and (ii) mandamus that a written order be passed on that application and it not be rejected solely on account of a single criminal case of petty nature - F.I.R./Crime No. 0591 of 2023 under Sections 427, 504, 506 IPC, P.S. Raunahi, District Ayodhya. Following and expressing agreement with this Court's earlier decision in Anil Kumar (Writ-C No. 718 of 2025; Neutral Citation 2025:AHCLKO:32272-DB), the Court DISPOSED OF the petition with directions: the Superintendent of Police, District Ayodhya to ensure a verification report with details of the F.I.R. is sent to the District Magistrate, Ayodhya; the District Magistrate, while issuing the Character Certificate, to mention the pendency of the F.I.R., the certificate to be issued within four weeks from production of a copy of the order before him. Counsel's submission (not adopted as a holding) was that mere lodging of an F.I.R. cannot make the petitioner automatically guilty of any offence.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - C No. - 11625 of 2025

Akhilesh Kumar Sriavastava

.....Petitioner(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others

.....Respondent(s)

Counsel for Petitioner(s) : Avinash Kumar Srivastava 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 prayers:-

"i) issue a writ, order or direction, in the nature of certiorari, quashing the impugned letter dated 4.9.2025, sent by opposite party no. 4 to opposite party no. 5, informing him about the rejection of petitioner's application for issuance of character certificate uploaded on line on Ayodhya Police portal on 12.6.2025 (as contained in Annexure Nos. 3 and 4 to this petition), in the interest of justice.

ii) issue a writ, order or direction, in the nature of mandamus, commanding the opposite party no. 2 to pass the written order on the 'ON LINE APPLICATION', uploaded on 'Ayodhya Police portal' on 12.6.2025 by the petitioner, for issuance of character certificate in his favour, and do not reject his aforesaid application, solely on the ground of registration of single case, which is of petty nature u/section 427, 504, 506 IPC in P.S. Raunahi, Ayodhya on Crime No. 0591 of 2023, in the interest of justice."

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.0591 of 2023 under Sections 427, 504, 506 IPC lodged at Police Station

WRIC No. 11625 of 2025

2

Raunahi, District Ayodhya.

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 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 Superintendent of Police, District Ayodhya to ensure that a verification report is sent to the District Magistrate, Ayodhya 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