( 1 ) THIS is a petition under Article 226 of the Constitution, praying for a writ of certiorari to quash an alleged order made by the Superintendent of Police, Moradabad, directing the opening of a "history Sheet", "class B", in respect of the petitioner.

( 2 ) THE case of the petitioner was that his history sheet had been wrongly opened. It was further alleged by him that he had been wrongly put in a class E History Sheet as the petitioner was not a professional or a habitual criminal nor had he been convicted for any of those offences for which a History sheet of Class B could be opened.

( 3 ) THE petitioners, case was that the police acted maliciously, inasmuch as, they had not acted in the public interest, but action had been taken because certain rich persons manoeuvered with the police to have them take action against the petitioner. The petitioner set out several little incidents which took place between the petitioner on the one hand, and the police on the other, to substantiate his plea of mala fides of the police.

( 4 ) TWO questions were raised for consideration by counsel appearing in the case. First, whether the action taken by the police in this particula