Hon’ble Bala Krisnha Narayana, J.—Heard learned counsel for the petitioner and learned AGA for the State.

2. This writ petition has been filed by the petitioner with a prayer to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 21.11.2013 passed by respondent No. 2 by which history sheet No. 27A of the petitioner opened in the year 2004 was directed to be continued. A further prayer has been made for issuing a writ order or direction in the nature of mandamus directing the respondents not to make domiciliary visit of the petitioner’s house at odd hours on account of opening of history sheet No. 27A in the name of the petitioner in the year 2004 in P.S.Dillari, District Moradabad.

3. It appears that from the perusal of the material brought on record that the petitioner alongwith another person had earlier filed criminal misc. writ petition No. 18421 of 2010 with a prayer that a suitable direction be issued to respondents to close the history sheet Nos. 27 A and 21 A opened in the name of the petitiones in the year 2004 at P.S. Dillari, District Moradabad, which was finally disposed of on 2.1.2013 by following order :

“Heard learned counsel for the petitioners and learned AGA for the State.

This petition has been filed by the petitioners with the prayer that a suitable direction may be issued to the respondents to close history sheet Nos. 27A and 21A opened in the year 2004 at P.S. Dillari, District Moradabad.

It is contended by learned counsel for the petitioners that the petitioners had filed Criminal Misc. Writ Petition No. 4185 of 2008 for quashing the history sheet and the same was disposed of on 2.12.2008 with the direction that in case the petitioners move application for closing their history sheet, the same shall be disposed of within a period of two months from the date on which the certified copy of the order is filed. In pursuance of the order dated 2.12.2008 the petitioners moved application dated 21.12.2008 before the S.S.P., Moradabad, for closing their history sheet. The same is still pending and has not been disposed of. The petitioners again moved an application on 3.11.2009 before the DIG/SSP, Moradabad, for deciding the application moved by the petitioners bur the same has not been disposed of.

Considering the submissions made by the learned counsel for the petitioners and the order dated 2.12.2008 passed by another Bench of this Court, we direct that in case the petitioners’ application dated 21.12.2008 is pending before the S.S.P., Moradabad, the same shall be heard and disposed of within two months from today by a speaking order.

With the above direction this petition is disposed of.”

4. In compliance of the aforesaid order of this Court, the petitioner moved a representation before the S.S.P., Moradabad/respondent No. 2 dated 21.12.2008 which was decided by him by his order dated 21.11.2013 (Annexure -1), whereby he refused to close the history sheet No. 27 A opened against the petitioner in the year 2004 and directed that the same shall continue.

5. The petitioner’s submission is that since 2004 for two years there was no criminal case lodged against him and he was not found involved in any criminal activities and that under Chapter XX Rule 231 of U.P. Police Regulations, the history sheet ought to have been closed after two consecutive years but just with the purpose to harass the petitioner, police is not closing the history sheet and is harassing the petitioner in the name of surveillance.

6. Learned counsel for the petitioner further submitted that the history sheet was opened against the petitioner only on account of his being accused in a solitary case, namely case crime No. 192 of 2003, under Section 396 IPC, P.S. Dillari, District Moradabad. The petitioner was not even named in the FIR and he was acquitted in the aforesaid case by judgement and order dated 19.8.2004 passed in S.T. No. 195 of 2004 and after 19.8.2004 not a single case has been re