Court No. - 48
Case :- CRIMINAL MISC. WRIT PETITION No. - 34493 of 2018 Petitioner :- Kaushal Kishor Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prem Sagar Verma,Madan Mohan Counsel for Respondent :- G.A.
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ajit Singh,J.
This writ petition has been filed with the following prayers:
(i) to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to close down the history sheet no. 8 "A" dated 11.3.2004 and the respondents be further restrained from making any surveillance and domiciliary visit of the petitioner.
(ii) to issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 to consider and decide the representation of the petitioner dated 12.6.2018 to close down the history sheet no. 8 "A" dated 11.3.2004 and for further stopping the respondents from making any surveillance and domiciliary visit of the petitioner.
Heard learned counsel for the petitioner and learned A.G.A. for the State. Perused the record.
Substance of the submission that has been placed by the learned counsel for the petitioner is that there is some history sheet that has been opened up with regard to the petitioner and the same deserves to be closed according to the counsel on certain grounds. In this regard some application is also said to have been moved in the concerned relevant police authorities. Learned A.G.A. submits that actually the application that was moved on behalf of the petitioner has already been decided but the petitioner's counsel insists that some other application has also been moved and the same remained unadjudicated so far.
Be that as it may, in the facts and circumstances of the case this Court does not deem it proper to issue any such direction as in the fact and circumstances of the case it appears that the matter is within the domain of the police authorities to look into the same and do the needful. The writ petition stands disposed of with the observations that if there is some application moved on behalf of the petitioner seeking closure of history sheet is pending, the same shall be disposed of in accordance with law and rules expeditiously by the authority concerned.
Order Date :- 29.11.2018 Naresh