IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Siddharth, Santosh Rai, JJ
Mohammad Wajir – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. petitioner lacks significant criminal history. (Para 2 , 3 , 4 , 6) |
| 2. debate over police authority in opening history-sheets. (Para 5 , 10) |
| 3. court demands substantial grounds for police surveillance. (Para 11 , 12 , 14) |
| 4. court's final decision to quash history-sheet. (Para 15) |
JUDGMENT
(Delivered by Hon'ble Santosh Rai, J.)
1. Heard Sri Sunil Kumar Singh, learned counsel for the petitioner and learned A.G.A. for the State.
2. This writ petition has been filed seeking a writ, order or direction in the nature of certiorari quashing the order dated 23.06.2025 passed by Superintendent of Police, Siddharthnagar by which the petitioner’s representation for closure of History-sheet no.18 A category has been rejected.
3. The facts in brief as contained in the writ petition are that the petitioner is a reputed person and doing his private work having no criminal history except one case mentioned as Case Crime No.282 of 2016, under Section 3/5/7 Cow Slaughter Act. Earlier the petitioner approached this Court by means of Criminal Misc. Writ Petition No.8156 of 2024. The same has been disposed of by order dated 17.03.2025 with direction that petitioner shall file an appropriate
Police cannot unjustly open a history-sheet without evidence of habitual criminality; individual rights must be respected.
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.
A history sheet can only be maintained if a person has three consecutive convictions or more than ten cases, subject to judicial scrutiny.
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.
A history sheet can only be sustained if an individual has three consecutive convictions or more than ten cases, with specific conditions regarding the age of convictions.
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