The court disposed of a writ petition seeking quashing of a criminal history sheet and police reports. It observed that the Respondent Superintendent of Police should consider a fresh representation from the petitioner with an observation for a time-bound decision.
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Court No. - 1
Case :- CRIMINAL MISC. WRIT PETITION No. - 2026 of 2018
Petitioner :- Gulam Ali @ Dulha @ Dularey Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Rakesh Kumar Gupta
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Rejoinder affidavit filed today, is taken on record.
Heard Sri Rakesh Kumar Gupta, learned counsel for the petitioner and Sri Deepak Mishra, learned AGA for the State.
This petition has been filed by the petitioner with a prayer to quash the impugned criminal history sheet no. 17-A as well as report dated 04.10.2012 and 13.6.2011 and report dated 04.12.2013.
Learned counsel for the petitioner submitted that the petitioner has obtained report dated 4.12.2013 of Circle Officer-I, Allahabad which was addressed to the Superintendent of Police, Allahabad by which it has been stated by him that the history sheet of the petitioner being Criminal History Sheet No. 17-A cannot be closed, as there is possibility that the petitioner may commit crime taking into account his age, hence he is under surveillance. It was further submitted by learned counsel for the petitioner that 27 years have passed. Now there appears to be no criminal cases against the petitioner. The petitioner is aged about 60 years. It was also submitted that the petitioner has earlier approached this Court by way of
Criminal Misc. Writ Petition No. 7395 of 2013 which was disposed of by Co-ordinate Bench of this Court on 24.4.2013. Thereafter, in pursuance of the said order, the petitioner has sent letter to the Superintendent of Police, Allahabad on 3.5.2013 by Registered Post but the same has not been decided.
We are of the considered opinion that the grievance of the petitioner can be appropriately examined by Superintendent of Police, Allahabad (respondent no. 3).
Accordingly, the writ petition is disposed of with observation that in case the petitioner moves fresh representation ventilating his grievance along with certified copy of this order within three weeks from today before the Superintendent of Police (respondent no. 3), the same would be considered and decided in accordance with law preferably within six weeks, thereafter.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 19.7.2018 Puspendra
1 issue framed by the court
Whether to quash the impugned criminal history sheet and police reports where a fresh representation could be considered by the Superintendent of Police.
Gulam Ali @ Dulha @ Dularey
State Of U.P.
4 Ors
Ramesh Sinha
Dinesh Kumar Singh-I
As recorded by the court registry
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