Babli Tripathi vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 21221 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52394-DB
 
Court No. - 10
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 6156 of 2023
 

 
Petitioner :- Babli Tripathi
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home And Others
 
Counsel for Petitioner :- Sachida Nand Tiwari,Chamupati
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Narendra Kumar Johari,J.

1. Heard learned counsel for the petitioner, learned AGA who appears on behalf of the State-respondents and perused the record.

2. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Certiorari for quashing of the impugned History Sheet No. 813-A opened by the concerned Police Station Mishrikh, District Sitapur and to issue a direction staying the operation of the said History Sheet.

3. Learned AGA has raised a preliminary objection regarding maintainability of the petition praying for writ in the nature of Certiorari for quashing of the History Sheet. He has further submitted that in the case of Chamanlal Vs. State of U.P. and others (1992) Supp. (2) SCC 84, Supreme Court has observed that no writ in the nature of certiorari would lie challenging the History Sheet but it is always open for the appellant to make a representation to the District Superintendent of Police to close the History Sheet on the ground that nothing has been alleged or attributed against him for a long time. Such judgement of the Apex Court has been followed by the Co-ordinate Benches of this Court in Crl. Misc. Writ Petition (M/B) No. 7523 of 2012 (Amit Mehrotra @ Teetu Mehrotra Vs. State of U.P. and others decided on 21.5.2013) and in Crl. Misc. Writ Petition No. 35931 of 2018 (Aditya Pal Vs. State of U.P. and others decided on 17.8.2022).

4. Learned counsel for the petitioner has placed reliance upon a judgment of the Co-ordinate Bench of this Court rendered in Crl. Misc. Writ Petition No. 15057 of 2008 (Sanjay Karnwal Vs. State of U.P. and others decided on 9.7.2010) wherein the petitioner had prayed for certiorari for quashing of the History Sheet and the order passed by the Superintendent of Police, Saharanpur rejecting the petitioner's representation.

5. This Court, having perused the judgment passed by the Co-ordinate Bench of this Court in the case of Sanjay Karnwal (supra), is of the opinion that the writ petition of Sanjay Karnwal had already challenged the order passed by the Superintendent of Police, Saharanpur rejecting the petitioner's representation against opening of the History Sheet and, therefore, this Court has held that the writ petition is maintainable.

6. In so far as the petitioner's prayer contained in clause (i) of his prayer clause is concerned, the writ petition is not maintainable, however, the petitioner prays that her representation which has been made to the Superintendent of Police, Sitapur , copy of which has been filed as Annexure-4 to the petitioner, may be directed to be decided.

7. This writ petition is disposed of with a direction to the Superintendent of Police, Sitapur to consider and decide the representation of the petitioner sent to him through speed post on 1.5.2023 in accordance with law within a period of six weeks from the production of a certified copy of this order.

Order Date :- 8.8.2023

AKK