Citation : 2012 Latest Caselaw 4745 ALL
Judgement Date : 3 October, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL MISC. WRIT PETITION No. - 17263 of 2010 Petitioner :- Arvind Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- Amit Saxena,Brij Raj,Prabhat Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon'ble Vijay Prakash Pathak,J.
Petitioner before this Court seeks quashing of the order dated 26.09.2002, whereby a history-sheet was opened in the name of the petitioner under Regulation 228 of the Police Regulations at Police Station-Cantt., District-Varanasi, as also the order dated 24.07.2010, whereby his application for closer of the history-sheet was rejected by the Deputy Inspector General of Police, Varanasi.
The order passed by the Deputy Inspector General of Police records that for the offences the history-sheet was opened in the name of the petitioner, such action was justified. It has also been recorded that in the year 2009 the petitioner was involved in offences under Section 452, 323, 504, 506, 307 IPC, being Case Crime No. 25 of 2009, duly registered at Police Station-Sarnath.
Counsel for the petitioner submitted that on the date the order was passed he had already been acquitted of the aforesaid offences by the competent Court. He further submits that against the order of acquittal neither any appeal nor revision has been filed.
In the facts and circumstances of the case, petitioner is at liberty to make a fresh application before the Deputy Inspector General of Police for discontinuance of the history-sheet, as per the provisions of Regulation 234 of the Police Regulations, disclosing the fact of his acquittal in the aforesaid Case Crime No. 25 of 2009.
Accordingly, the writ petition is disposed of by providing that the petitioner may file a fresh application before the Deputy Inspector General of Police, Varanasi within two weeks from today along with certified copy of this order. On such application being filed, the Deputy Inspector General of Police shall consider and decide the same by means of a reasoned speaking order, preferably within eight weeks thereafter.
Order Date :- 3.10.2012
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