Dismissed

Pratibha Singh v. State of U.P.Thru.Prin.Secy.Home and Ors.

Allahabad HC14 Mar 2022CRLP/14144/2019

Case brief

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What is this about?

This single-digit dismissal holds that opening a criminal history sheet is not maintainable under Article 226 of the Constitution, and as result the writ petition praying for an order to issue directions to the Superintendent of Police and District Magistrate is dismissed.

What did the court decide?

Writ petition dismissed as the prayer for opening of history sheet is not maintainable. Petitioner may approach appropriate remedy if aggrieved.

Pratibha Singh Vs State of U.P.Thru.Prin.Secy.Home… — Writ and Judicial Review | Allahabad HC (2022)

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Court No. - 1

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Case :- CRIMINAL MISC. WRIT PETITION No. - 14144 of 2019

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Petitioner :- Pratibha Singh Respondent :- State Of U.P.Thru.Prin.Secy.Home And Ors. Counsel for Petitioner :- Rakesh Pathak,Vijay Pathak Counsel for Respondent :- G.A.

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Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.

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Heard Shri Rakesh Pathak, learned counsel for the petitioner and Shri Vishwas Shukla, learned Additional Chief Standing Counsel for the State.

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The instant writ petition has been preferred by the petitioner with the following prayers:-

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"(i) Issue a writ, order or direction in the nature of mandamus thereby the Superintendent of Police, Pratapgarh may be directed to issue direction for opening history sheet of the opposite party no. 6.

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(ii) Issue a writ, order or direction in the nature of mandamus thereby the District Magistrate, Pratapgarh may be directed to pass appropriate order in the proceedings referred under U.P. Control of Goondas Act, against the opposite party no. 6.

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(ii) Suitable direction may be issued to reconsider the grant of security to the opposite party no. 6 in light of Government Order and judgment of this Hon'ble Court as well as report of Director General of Police, U.P."

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It has been argued by the learned counsel for the petitioner that respondent no. 6-Vikram Singh having a long criminal history and police is not taking any action him, as such, he has come up before this Court for opening of his history sheet.

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Learned A.G.A. states that criminal history which has been stated in paragraph no. 6 of the writ petition, all the cases have been investigated and the charge sheet has been submitted against that person.

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In view of the same, we are not inclined to entertain the present writ petition as the same has been filed for opening of history sheet of the opposite party no. 6, which is not at all maintainable.

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Accordingly, the writ petition is dismissed.

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However, it shall be open for the petitioner to avail the appropriate remedy as may be available to her in law, if she aggrieved.

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(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)

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Order Date :- 14.3.2022 A.K. Singh/Arun

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Digitally signed by ASHISH KUMAR SINGH Date: 2022.03.16 16:24:18 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Pratibha Singh v. State of U.P.Thru.Prin.Secy.Home and Ors.

Case brief

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Pratibha Singh v. State of U.P.Thru.Prin.Secy.Home and Ors.

Case brief

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What did the court decide?

What the court decided

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