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.

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 order passed by respondent No. 3.

4. The brief facts pleaded in the writ petition No. 4818 of 2022 are that the petitioner is a businessman and has established his firm/company in the name of Auctus E-recycling Solution Private Limited, M/s. Hindustan Metals and is running his business and paying income tax to the Government. A politically motivated Case Crime No. 336 of 2019, Police Station - Site-5, Geater Noida, was registered against the father of the petitioner and others under Section 2 of U.P. Gangsters and Anti - Social Activities (Prevention) Act, 1986, on 30.12.2019 without there being any prior criminal history of his father (Nizam Malik) against which he approached this Court whereby Criminal Misc. Writ Petition No. 140 of 2020 and interim order was passed in his favour. After counter-affidavit was called in the aforesaid writ petition, the police realized that it would be difficult to resist the challenge to the FIR lodged under Gangsters Act before this Court hence Case Crime No. 408 of 2020, under Section 386 IPC was got registered against the petitioner, his brothers and father, named above, on 30.7.2020 with thhe help of one, Azad Kumar, at Police Station - Bita-2, District Gautam Budh Nagar. Petitioner, his father and brothers were enlarged on anticipatory bail in the aforesaid case, but subsequently charge-sheet was filed and it was challenged before this Court by means of Criminal Misc. 482 Cr.P.C. No. 11237 of 2021. On the basis of aforesaid FIR dated 30.7.2020, the petitioners were implicated in a case under Gangsters Act, being Case Crime No. 710 of 2020, Police Station - Kasna (Now Bita-2), District Gautam Budh Nagar on 10.11.2020 and they were enlarged on bail by Special Judge, Gautam Budh Nagar, on 10.3.2021. On the basis of aforesaid criminal cases registered against the petitioner, his father and brothers, Station House Officer, Police Station - Bita-2, District Gautam Budh Nagar, submitted report before the respondent No. 3 on 17.4.2021 for opening Class-'B' history sheet of the petitioner, his father and brothers. The respondent No. 3 by the impugned order dated 16.6.2021 has accepted the same and directed opening of history sheet bearing H.S. No. 21(B), which is subject-matter of challenge before this Court. The petitioners made number of representations against the same before the respondent No. 3 and higher authorities, but in vain.

5. Learned counsel for the petitioners has submitted that prior to lodging of first information dated 30.7.2020, registered as Case Crime No. 408 of 2020, under Section 386 IPC, Police Station Kasna (Now Bita-2), District Gautam Budh Nagar, there were no criminal antecedents of the petitioners. The police has tried to connect the petitioners with Sunder Bhati Gang or Navin Bhati Gang, with who