Allahabad High Court
Dev Mani Pathak vs State Of U.P. Thru Prin. Secretary ... on 21 September, 2023
Bench: Rajesh Singh Chauhan, Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:60781-DB
Court No. - 4
Case :- CRIMINAL MISC. WRIT PETITION No. - 5210 of 2021
Petitioner :- Dev Mani Pathak
Respondent :- State Of U.P. Thru Prin. Secretary Home Lko. And Ors.
Counsel for Petitioner :- Munendra Kumar,Atul Pathak
Counsel for Respondent :- G.A.
Hon'ble Rajesh Singh Chauhan,J.
Hon'ble Ajai Kumar Srivastava-I,J.
List revised.
None appears on behalf of the petitioner to press this writ petition nor any request for adjournment of the case has been sought. However, Sri Shailendra Singh, learned State Counsel is present.
There are two counsels in the present case. One is Sri Munendra Kumar and another is Sri Atul Pathak. Sri Atul Pathak, learned counsel has given illness slip. However, no slip of any kind whatsoever has been given by Sri Munendra Kumar.
This writ petition is of the year 2021 wherein the following reliefs have been prayed:-
"(I) to issue a writ, order or direction in the nature of certiorari to quash the list of History Sheet No.5A dated 07.05.1997 in pursuance of petitioner, published at Police Station-Maharua, District-Ambedkar Nagar, in the interest of justice.
(II) to issue a writ, order or direction in the nature of mandamus commanding opposite parties particularly opposite party Nos.2 to 4 to delete the name of the petitioner from the list of top 10 criminals published as History Sheet No.5A at Serial No.29 as well as other relevant records and to close the history sheet of the petitioner and not to harass him at Police Station-Maharua, District-Ambedkar Nagar, in the interest of justice."
By means of Prayer No.1, the History Sheet No.5A dated 07.05.1997 has been prayed to be quashed and by means of Prayer No.2 the mandamus was prayed to the effect that the opposite party Nos.2 to 4 be directed to delete the name of the petitioner from the list of top 10 criminals published as History Sheet No.5A at Serial No.29 as well as other relevant records.
Para-4 of the writ petition indicates that the present petitioner is having criminal history of 12 cases on or before 07.05.1997.
This Court has passed the order dated 23.02.2021 to the effect that the personal liberty of the petitioner shall not be interfered with unless he is wanted in any criminal case. Since then, on almost all the dates learned counsel for the petitioner has got the case adjourned.
It is needless to say that the personal liberty of any person shall not be interfered with unless he/ she wanted in any criminal case.
No specific ground has been taken as to why the petitioner has not assailed the History Sheet No.5A dated 07.05.1997 immediately after the aforesaid History Sheet being published.
In the aforesaid factual background, we are not inclined to entertain the illness slip sent by one of the learned counsels for the petitioner, Sri Atul Pathak and accordingly the same is turned down for two reasons. First, there is another counsel namely Sri Munendra Kumar who has not given any slip and secondly the History Sheet in question is of the year 1997 has been challenged in the year 2021 by filing the present writ petition.
Having gone through the entire record available before us with the assistance of Sri Shailendra Singh, learned State Counsel, we find it apposite to refer a judgment rendered by Hon'ble the Supreme Court in the case of Chaman Lal vs. State of U.P. and others reported in 1992 Supp (2) SCC 84 (I), the relevant part of the aforesaid judgment is quoted hereinbelow :-
"It is not in dispute that the police under the U.P. Police Regulation has opened a 'History Sheet' against the appellant. Challenging the validity of maintaining the History Sheet, the appellant moved the High Court for relief. The High Court has rejected his writ petition. In this appeal, it is contended that maintaining the History Sheet against the appellant does not fall within the paragraph 228 of the UP Police Regulations. We have perused the said paragraph and also the provisions of paragraph 240. We have also considered the facts and circumstances of the case. We are of the opinion that no interference is called for in this case. However, it is open to the appellant to make representation to the District Superintendent of Police to close the History Sheet on the ground that nothing has been alleged or attributed against him since then. If any such representation is made, the Superintendent of Police shall consider it according to law and make appropriate order. With these observations, the appeal is disposed of."
In view of the aforesaid overall facts and circumstances of the case and also having regard to the law laid down by Hon'ble the Supreme Court in Chaman Lal (supra), we are of the considered opinion that no interference is called for in this case. However, it is open to the petitioner to make representation to the Superintendent of Police, District- Ambedkar Nagar to close the History Sheet on the ground that nothing has been alleged or attributed against him since then. If such representation is moved by the petitioner, the Superintendent of Police, District-Ambedkar Nagar shall consider it according to law and dispose of the same by means of a reasoned and speaking order, on its own merits without being influenced by outcome of the instant writ petition.
Accordingly, the present writ petition is disposed of.
Consigned to records.
[Ajai Kumar Srivastava-I,J.] [Rajesh Singh Chauhan,J.]
Order Date :- 21.9.2023
Suresh/Ashish Deval
