The Court underscored the necessity of following procedural fairness and relevant regulations regarding police history sheets for individuals not convicted of habitual criminality.

Order on Board

Per Ramesh Sinha, Chief Justice.

17.01.2025.

1. Petitioner has filed this petition under article 226 of the Constitution of India seek following reliefs:

“10.1. Call for the entire records of the case of the petitioner for kind perusal.

10.2. Issue appropriate writ/writs, direction/directions, order/orders and to direct the police authorities to remove the name of the petitioner from the history sheet of police station Balrampur and close the surveillance against the petitioner with immediate effect.

10.3. Quash/set aside the order dated 10.07.2023 (Annexure P/1) passed by Respondent No.3.

10.3.(A). Quash/set aside the order dated 27.10.2018 (Annexure P/11) passed by the Respondent No.3.

10.4. Issue appropriate writ/writs, direction/directions, order/orders and to award suitable compensation to the petitioner from the erring police authorities.

10.5. Any other relief, which the Hon'ble Court deems fit looking to the facts and circumstances of the case, may also be granted to the petitioner.”

2. Relevant facts for disposal of this petition are that petitioner is a ‘Contractor’, running a firm namely "M/s. Dharamveer Kumar Singh," which is registered firm. Several offences was registered against the petitioner before multiple Police Station under the Indian Penal Code in the years 2002, 2005, 2015 & 2018 as well as preventive actions under Sections 107/116 of the Cr.P.C in the year 1994, 2002, 2010, 2015, 2018 & 2023. Vide order dated 27.10.2018, respondent No.3/Superintendent of Police, Balrampur Ramanujganj permitting to include the name of the petitioner in the gunda list/to open a history sheet against him on the letter of Station House Officer, Police Station -Balrampur. The petitioner came to know through the daily newspaper that surveillance has been opened against him and his name has been included in the Gunda list/history sheet by Police Station -Balrampur on the recommendation of respondent No.3. Though the petitioner has been acquitted in the criminal cases registered against him in the year 2002, 2005 & 2015, but the Police have continued to take action against him, adversely affecting his reputation and business as his name has been circulated in the daily newspaper. Earlier, petitioner had filed a writ petition (WPCR No. 218 of 2019) before this Court seeking relief to remove his name from the history sheet, which was disposed off on 12.05.2023 with a direction to respondent No.3/Superintendent of Police to decide the complaint/representation of the petitioner dated 08.12.2018 (Annexure P- 4), however, on 10.07.2023 said representation has been rejected without proper consideration. Thereafter, the Police lodged Ishtgasha No.20/2023 under Section 110 of Cr.P.C. against the petitioner on the ground that various crimes/offence has been registered against the petitioner on multiples police station and added one more Ishtgasha No.369/2023 under Section 107 & 116(3) Cr.P.C stating that there is a possibility of breach of peace in society. The police has filed Ishtgasha No.20/2024 before the Sub-Divisional Officer, Balrampur Ramanujganj on 30.10.2023 and surveillance was opened which was registered as Criminal Case No. 07/2023. The SDO without application of mind, mechanically passed the preliminary order on the same day and issued the show-cause-notice to the petitioner. Hence this petition.

3. Learned counsel for the petitioner submits that when the petitioner came to know about the fact that his name has been included in the Gunda list/history sheet and he is under surveillance of the Police, he made inquiries and then he came to know that on the instructions of the then Home Minister of the State, said action has been taken against him. The blue-eyed persons of the then Home Minister have grabbed sum of Rs.3 crores of the petitioner in the business of contractor ship, to which, petitioner made complaint against him before the PS -Balrampur vide complaint dated 08.02.2016, thereafter, as a counter blast, they us