Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 14027 of 2010 Petitioner :- Rizwan & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Satyender Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Imtiyaz Murtaza,J.
Hon’ble Naheed Ara Moonis,J.
The petitioner has, by means of the present petition, challenged the validity of
maintaining the history sheet of class A opened by the Police of P.S.
Simbhaoli, Ghaziabad against the petitioners.
We have heard learned counsel for the petitioner and also learned A.G.A.
It would appear from the record that the police of Sector Simbhaoli,
Ghaziabad opened the history sheet of the petitioners on the basis of three
cases registered at case crime no.43 of 2009, under Section 3/5-8 Cow
Slaughter Act, case crime no.44 of 2009, under Section 25/4 Arms Act and
case crime no.45 of 2009, under Section 4/25 Arms Act.
The argument of the learned counsel for the petitioner that the history sheet of
Class A can be opened when it has been established by suspicion or
conviction that a suspect is an active and prominent member of a gang of
dacoits. It is further argued that mere suspects should not be starred until
established that one has become dangerous and confirmed criminals and is
unlikely to reform. The next contention is that the case of the petitioner is not
covered by paragraph 228 of the U.P. Police Regulations. Per contra, learned
A.G.A drew attention of the Court to the decision in Chaman Lal v. state of
U.P. 1992 supp (2) SCC 84 (I) and suggested that the matter should be
relegated to the authority concerned for deciding whether the history sheet
should be closed or should be continued.
We are also of the view that the interest of justice would be best served if the
matter is relegated to the Police authority to take appropriate decision in the
matter.
In view of the above, it is directed that in case the petitioner prefers a
representation before the S.S.P/S.P. Simbhaoli, Ghaziabad alongwith a self
attested copy of the writ petition within two weeks from today, the authority
concerned shall consider it according to law and make appropriate order
within two months.
The petition is disposed of in terms of the above directions.
Order Date :- 3.8.2010
Asha