Police cannot unjustly open a history-sheet without evidence of habitual criminality; individual rights must be respected.

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 application before Superintendent of Police, Siddharthnagar and same shall be considered and decided by Superintendent of Police, Siddharthnagar. In compliance of order dated 17.03.2025 the petitioner approached respondent no.3 Superintendent of Police, Siddharthnagar. By order dated 23.06.2025 respondent no.3 has rejected the representation of the petitioner. Hence this writ petition.

4. Learned counsel for the petitioner submitted that the petitoner Mohammad Wajir is not habitual offender. Only one case, bearing Case Crime No.282 of 2016, under Section 3/5/7 Cow Slaughter Act was registered against him. Investigation of this case has already been concluded and chargesheet has been filed before the court. The applicant has already been obtained bail that in the above case. No any F.I.R. or N.C.R. or complaint has been registered against the petitioner except the above case. The concerned police authority has wrongly opened the history-sheet against the petitioner without cogent and reliable material and in volition of para 228, 229, 231, 233 and other relevant rules of the Uttar Pradesh Police Regulations . The purpose of police regulation to open the history-sheet is to give special power in the hands of the police to keep vigilance on the activity of the history-sheeter who may be involved in criminal activities. It is true that history-sheet may be opened and vigilance surveillance may be conducted against the accused person according to law but only one case has been registered in the year 2016 against the petitioner and no other criminal case or complaint has been registered against the petitioner before the police station or the court concerned. History-sheet has been opened by the police authority on the basis of only one incident/case, which has been registered 8 years back. He further submitted that history-sheet being opened as History Sheet no.18A category which is completely illegal and liable to be quashed. He further prayed that issue writ order or direction in the nature of certiorari to quash the order dated 23.06.2025 passed by Superintendent of Police, Siddharthnagar. Further prayer is that order or direction may be issued in the nature of mandamus commanding to the respondents not to take any coercive measure on the basis of History Sheet No.18A category.

5. Learned A.G.A. for opposite parties vehemently opposed the above argument and submitted that police authority has power under the Uttar Pradesh Police Regulations to open the history-sheet against the habitual offender or the suspects on the basis of information collected through the concerned police station on the basis of relevant material. Concerned police station of police rightly or legally opened the History- sheet no.18A category against the petitioner. He further admitt