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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, SUBHASH CHANDRA SHARMA
Firoj Malik – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Siddharth, J.)
Heard Sri J.B. Singh and Sri Rajiv Lochan Shukla, learned counsel for the petitioner; Ms. Manju Thakur, learned A.G.A.-1 for the State-respondents and perused the material on record.
2. The petitioners in Criminal Misc. Writ Petition No. 4818 of 2022 (Firoz Malik), in Criminal Misc. Writ Petition No. 4820 of 2022 (Sajid Malik), and Criminal Misc. Writ Petition No. 4870 of 2022 (Imran Malik) are sons of Nizam Malik, the petitioner, in Criminal Misc. Writ Petition No. 3586 of 2022. History sheets have been opened against all of them on the basis of implication in common cases. Hence the above noted writ petitions preferred by three sons and their father named above are being decided by this common judgement.
3. The above noted writ petitions have been filed by all the petitioners praying for quashing the impugned order dated 16.6.2021 passed by respondent No. 3, Deputy Commissioner of Police, Greater Noida, District Gautam Budh Nagar, whereby approval for opening history sheet of Category-B against the petitioners has been granted. Further prayer has been made for directing the respondents to stop surveillance of the petitioners in pursuance of the aforesaid or
The court emphasized the necessity of adhering to principles of natural justice when opening history sheets, requiring police to provide individuals an opportunity to contest such actions.
Police cannot unjustly open a history-sheet without evidence of habitual criminality; individual rights must be respected.
The opening of a history sheet against an individual must be in accordance with the relevant police rules and should not offend the individual's fundamental rights, particularly Article 21 of the Con....
A person cannot be labeled a habitual offender unless they have three convictions, and police must adhere to legal standards when opening history sheets to protect fundamental rights.
Point of law: The right to privacy in any event will necessarily have to go through a process of case-by-case development. Therefore, even assuming that the right to personal liberty, the right to mo....
The continuation of history sheets against acquitted individuals without pending cases infringes upon their fundamental rights under Articles 19(1)(d) and 21 of the Constitution.
A person has to have three cases of convictions which would bring him within domain of definition of “Habitual Offender.”
The central legal point established in the judgment is the requirement for great care and caution in branding a person as a history-sheeter and entering their name in the history sheet, emphasizing t....
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