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1994 Supreme(All) 103

D.K.TRIVEDI, R.K.AGRAWAL
GURU BUX SINGH BAKSHI – Appellant
Versus
STATE OF U P – Respondent


By means of this petition the petitioner prays for a writ of mandamus commanding the opposite parties to close the history-sheet of the petitioner and further the petitioner be not kept under surveillance by the police authorities on the ground that the Superintendent of Police has no right to open the history- sheet of the petitioner on the basis of the cases mentioned in paragraphs 10 to 12 of the writ petitioner.

2. It is admitted by the Standing Counsel that history-sheet No. 88 of Class a was opened by the police in 1984 and since then the same is conti nuing. The petitioner has filed this petition in 1991 with a prayer to quash the same. The main contention of the petitioners counsel is that at the time of opening of the history-sheet, three cases were pending and on the said basis history-sheet was opened. The first

case was case Crime No. 381/84 under Section 302, IPC. In the said case the petitioner was not prosecuted and the investigation was conducted by the C. B. C. I. D. In another case Crime No. 312/79 under Sections 147/148/504-506, IPC. Final report was submitted by the police and the case closed; and the third]case was Crime Nos. 217/85 and 218/85 under Section 307










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