Hon'ble Rajeev Singh,J.
Learned AGA has filed a short counter affidavit of Shri Anurag Vats, Superintendent of Police, Hardoi, which is taken on record.
Heard Shri Narvind Kumar Singh, learned counsel for the petitioner and Shri S.P. Singh, learned AGA for the State-respondents.
On 01.02.2021 this Court passed the following order:-
?Heard Sri Narvind Kumar Singh, learned Counsel for the petitioner and Sri Arun Kumar Pandey, learned AGA for the State/respondents no. 1 to 3.
Short counter affidavit duly sworn by Sri Anurag Vats, Superintendent of Police, Hardoi, filed by the learned AGA today is taken on record.
In para-5 of the aforesaid affidavit, it has been stated that the surveillance of the petitioner in context of History Sheet No. 21-A was closed vide order of the then Superintendent of Police, Hardoi dated 13.01.2015 and the Station House Officer, Police Station Bilgram, District Hardoi was directed to ensure the compliance of the order.
From perusal of Annexure No.11 to the writ petition, which is a report dated 18.10.2018 sent by In-charge Inspector, Police Station Bilgram, District Hardoi to the Superintendent of Police, Hardoi, it reflects that Incharge Inspector, Police Station Bilgram, District Hardoi, vide report dated 18.08.2018, has stated that the petitioner is a history sheetor and, therefore, surveillance is required.
Considering the aforesaid, it appears that the stand taken by the Superintendent of Police, Hardoi in the aforesaid affidavit is contradictory one, therefore, let fresh affidavit be filed by the Superintendent of Police, Hardoi, clarifying the position.
List the matter in the next week.?
Thereafter, on 08.02.2021, Superintendent of Police, Hardoi had filed his personal affidavit and being not satisfied with the same, we directed him to again file a fresh affidavit within 24 hours and in pursuance of the same, he again filed his personal affidavit today in which it has been stated by him that after the order passed by the then Superintendent of Police, Bahraich on 13.01.2015, the surveillance of the petitioner in context of the History Sheet no.21A had been stopped by the Prosecuting Agency.
He further states in the affidavit filed today that he vide order dated 10.02.2021 has directed the Circle Officer, Bilgram, Hardoi to initiate an enquiry against the then Station House Officer, Police Station Bilgram, District Hardoi, in context of a Police Report dated 18.10.2018, for not sending correct report to the Circle Officer, Bilgram, District Hardoi.
The Superintendent of Police, Hardoi, through his affidavit today, has also filed a copy of the record of the History Sheet bearing no.21A of the petitioner from which it is evident that after 2014 no monitoring has been done by the Police Station Bilgram, District Hardoi.
He further submits that the surveillance of the petitioner in context of his History Sheet has already been closed since the year 2015 and the petitioner is also not under the surveillance of the Prosecuting Agency.
In view of the aforesaid, we do not find that any further cause of action survives in the matter and the matter is, accordingly, disposed of.
(Rajeev Singh, J.) (Ramesh Sinha, J.) Order Date :- 19.2.2021 Arnima