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1962 Supreme(SC) 441

B. P. SINHA, SYED JAFAR IMAM, N. RAJAGOPALA AYYANGAR, K. SUBBA RAO, J. C. SHAH, J. R. MUDHOLKAR
Kharak Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
C.P.LAL, J.P.GOYAL, K.S.Hajela

N.R.AYYANGAR, J.

(1) THIS petition under Art. 32 of the Constitution challenges the constitutional validity of Ch. XX of the U. P. Police Regulations and the powers conferred upon police officials by its several provisions on the ground that they violate the right guaranteed to citizens by Arts. 19(1)(d) and 21 of the Constitution.

(2) TO appreciate the contention raised it is necessary to set out the facts averred on the basis of which the fundamental right of the petitioner, is said to be violated, as well as the answers by the respondent-State to these allegations. The petitioner--Kharak Singh -was challaned in a case of dacoity in 1941 but was released under s. 169, Criminals Procedure Code as there was no evidence against him. On the basis of the accusation made against him he states that the police have opened a `historysheet` in regard to him. Regulation 228 which occurs in Ch. XX of the Police Regulations defines `history-sheets` as `the personal records of criminals under surveillance`. That regulation further directs that a `history-sheet` should be opened only for persons who are or are likely to become habitual criminals or the aiders or abettors of such c


































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