Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri A.K.Singh, learned counsel for the petitioner, Sri N.K.Verma,learned AGA for the State and perused the record.
The present writ petition has been filed with the prayer directing the S.S.P., Varanasi for closing the History Sheet No.87-A/98, Police Station Kotwali, District Varanasi.
It would appear from the record that the police has opened history sheet of the petitioner on the basis of 16 cases registered against him and in some of the cases he has been acquitted and some of them were found to be false.
The argument of the learned counsel for the petitioner is that the history sheet of Class A can be opened when it has been established on the basis of suspicion or conviction that a suspect is an active and prominent member of a gang. It is further argued that mere suspects should not be starred until established that one has become dangerous and confirmed criminal and is unlikely to reform. The next contention is that the case of the petitioner no. 1 is not covered by paragraph 228 of the U.P. Police Regulations. He further submits that the petitioner has already moved a representation before the S.S.P., Varanasi on 16.4.2018 for closing history sheet and not to harass the petitioner.
Per contra, learned A.G.A. drew attention of the Court to the decision in Chaman Lal Vs. State of U.P. 1992 Supp. (2) SCC 84(1) and suggested that the matter should be relegated to authority concerned for deciding whether the history sheet of petitioner 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. Varanasi along with a certified copy of this order and a self attested copy of the writ petition within two weeks from today, the authority concerned shall consider it according to law and pass appropriate order within two months.
The petition stands disposed of.
(Dinesh Kumar Singh-I,J.) (Ramesh Sinha, J.) Order Date :- 29.5.2018/NS