The court disposed of a writ petition seeking closure of the petitioner's criminal history sheet. Without expressing an opinion on merits, the court directed the auto-disposal to the competent authority for fresh consideration within four weeks.
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Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 2959 of 2021 Petitioner :- Indrajeet Pandey Respondent :- State Of U P and 2 Others Counsel for Petitioner :- Bharti Mishra Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner and learned A.G.A. for the respondents.
Present writ petition is preferred seeking following reliefs:-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to close the criminal history sheet against the petitioner, which is open against him before the concerned police station;
(ii) issue a writ, order or direction in the nature of mandamus directing the respondent authority not to harass and torture to the petitioner as well as not to interfere in peaceful life of the petitioner."
Learned counsel for the petitioner states that the petitioner is aged about 56 years' old and is doing his private business. He had been falsely implicated in six criminal cases mentioned in para-8 of the writ petition and in these cases, he has been acquitted. After the year 1996, no criminal case has been lodged against the petitioner. Inspite of applications dated 12.11.2020, 4.1.2021 and 10.2.201 moved by the petitioner before the Senior Superintendent of Police, District Ghaziabad, till date the history sheet of the petitioner has not been closed. He has confined his prayer only to the relief that his representation may be considered by the appropriate authority.
Learned counsel for the respondents has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case, this writ petition is disposed of with liberty to the petitioner to file fresh representation within ten days from today, along with copy of this order before the competent authority, which is stated to be respondent No.2, the Senior Superintendent of Police, District Ghaziabad, who may consider the representation filed by the petitioner and decide the same in accordance with law, expeditiously and preferably within a period of four weeks from the date of receipt of the
representation.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 20.9.2021 RKP
1 issue framed by the court
Whether to issue a direction to close the petitioner's criminal history sheet.
Indrajeet Pandey
State Of U P
Senior Superintendent of Police
Mahesh Chandra Tripathi
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
