1. Challenge to the validity of maintaining a police history sheet under the U.P. Police Regulations. (Para 1 )
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1991 Supreme(SC) 498
SUPREME COURT OF INDIA
K.Jagannatha Shetty : R.C.Patnaik : S.C.Agrawal
Chaman Lal
Versus
State Of U.P.
Case No. : 2471 of 1982
Date of Decision : 12/4/91
The court affirmed the validity of maintaining a history sheet under police regulations but permitted the individual to seek its closure via representation to the District Superintendent of Police if no further adverse allegations had been made.
Headnote:(A) Police Regulations - Paragraphs 228 and 240 - Maintenance of History Sheet - Validity of maintaining a history sheet - No interference called for in the order of the lower court rejecting the writ petition. (Para 1)
(B) Representation for closure - Appellant may represent to the District Superintendent of Police for closure of the history sheet on the ground that no allegations have been made since its opening - Such representation to be considered according to law. (Para 1)
Facts of the case:
A history sheet was opened against the appellant under police regulations. The appellant challenged the validity of maintaining the history sheet before the lower court, which rejected the writ petition.
Findings of Court:
The court perused the relevant paragraphs of the police regulations and the facts of the case and found that no interference was called for in the lower court's decision.
Issues: Whether the maintenance of the history sheet against the appellant fell within the scope of the relevant police regulations.
Ratio Decidendi: The court ruled that the maintenance of a history sheet under police regulations is valid, but the individual is entitled to make a representation to the competent authority for its closure if no further allegations have been attributed to them.
Result: Appeal disposed of.
Legal Category Hierarchy
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administrative law
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police administration
- history sheets (Para 1)
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police administration
Table of Contents
2. Whether the maintenance of a history sheet against an individual falls within the scope of paragraph 228 of the U.P. Police Regulations. (Para 1 )
3. Upon perusal of paragraphs 228 and 240 of the U.P. Police Regulations and the case facts, no judicial interference is warranted. (Para 1 )
4. A history sheet maintained under police regulations is valid if it complies with regulatory provisions, though it may be closed if no further allegations exist. (Para 1 )
5. Appeal disposed of with liberty to the appellant to seek closure of the history sheet via representation to the District Superintendent of Police. (Para 1 )
6. Can the validity of a police history sheet be challenged in court?
Yes, the validity of maintaining a history sheet under police regulations can be challenged through a writ petition in the High Court. (Para 1 )
7. Under what grounds can a person request the closure of a police history sheet?
A representation can be made to the District Superintendent of Police to close a history sheet on the ground that nothing has been alleged or attributed against the individual since the sheet was opened. (Para 1 )
8. What criteria does the court use to determine if interference in maintaining a history sheet is necessary?
The court examines the specific provisions of the applicable police regulations and the facts and circumstances of the case to decide if judicial interference is called for. (Para 1 )
(1) 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.
