Allowed

Ajju C.S., v. State of Goa, Thr. the Public Prosecutor and 2 Ors.

Bombay HC11 Oct 2019WPCR/215/2017

Case brief

AI extract

What is this about?

This writ petition challenged a police order opening a history sheet against the petitioner. The Court held that without a specific provision authorizing it under the Goa Police Manual, the order could not be sustained, quashing the same.

What did the court decide?

Impugned order dated 13.06.2017 is quashed. Leave granted to correct the prayer clause in the petition.

Ajju C.S., Vs State of Goa, Thr. the… — Constitutional and Fundamental Rights | Bombay HC (2019)

¶1

 1 Cr.W .P. No. 215/2017

¶2

Margarida

¶3

IN THE HIGH COURT OF BOMBAY AT GOA

¶4

CRIMINAL WRIT PETITION NO. 215/2017.

¶5

AJJU C. S.
Major in age, Businessman,
r/o House No. 491/2,

¶6

Danva, Thivim-Mapusa,

¶7

Bardez, Goa. … Petitioner

¶8

Vs.

¶9

1. State of Goa,

¶10

Through the Public Prosecutor,
 High Court, Panaji, Goa.

¶11

2. The Police Inspector, Economic Offence Cell/

¶12

 Crime Branch, Ribandar, Goa.

¶13

3. The Police Inspector,
 Mapusa Police Station,
 Mapusa – Goa.

¶14

4. Superintendent of Police
 (North), Panaji, Goa. … Respondents

¶15

Mr. V. R. Amonkar, Advocate for the Petitioner.

¶16

Mr. S. R. Rivankar, Public Prosecutor for the Respondents.

¶17

Margarida 2 Cr.W .P. No. 215/2017

¶18

Coram : C. V. Bhadang & Nutan D. Sardessai, JJ. Date : 11^th October, 2019.

¶19

Oral Judgement: (Per C. V. Bhadang, J)

¶20

Heard learned Counsel for the parties.

¶21

2. Leave granted to correct the prayer Clause. Necessary correction to be carried out forthwith.

¶22

3. The challenge in this petition is to the order dated 13.06.2017
passed by the Superintendent of Police, North Goa whereby a history
sheet is opened against the petitioner directing him to furnish his
photograph, finger prints and other details in order to maintain
surveillance on him on 27.04.2018.

¶23

4. Mr. V. Amonkar, learned Counsel for the petitioner has brought
to our notice a decision of the Division Bench of this Court dated
08.04.2019 in Criminal Writ Petition No. 189/2018, Mr.
Gajendra Singh Vs. State of Goaand others in which this Court
after placing reliance on the decision of the Hon'ble Supreme Court in
the case of K.S. Puttaswamy and anr. Vs. Union of India and ors.,

¶24

Margarida 3 Cr.W .P. No. 215/2017

¶25

AIR 1963 SC 1295 has held that it was not open for the respondent
police authority to open any history sheet, since the provisions of
Bombay Police Manual are not adopted in the State of Goa.

¶26

5. That aspect is not disputed by the respondent in the affidavit
in reply dated 27.04.2018. Mr. Rivankar, the learned Public
Prosecutor on instructions states that the matter about adoption of the
provisions of the Bombay Police Manual is under consideration of the
Government.

¶27

6. Be that as it may, in the absence of a provision authorising the
respondents to open such history sheet, the impugned communication
dated 13.06.2017 cannot be sustained.

¶28

7. In the result, the petition is allowed. Rule is made absolute in terms of prayer Clause (a) and (b).

¶29

NUTAN D. SARDESSAI, J . C.V. BHADANG , J.

Ajju C.S., v. State of Goa, Thr. the Public Prosecutor and 2 Ors.

Case brief

What is this about?

What did the court decide?

Ajju C.S., v. State of Goa, Thr. the Public Prosecutor and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shaikh Ahmed Muzawar., Vs State of Goa, Thr. the Secretary Home, Govt. of Goa and 2 Ors.

Suresh Narayan Pai and Anr., Vs Officer-in-Charge/Police Inspector, Pernem Police Station, Pernem and Anr.

Ana D'Cruz., Vs Oswald Clifford Moraes and Anr.

Vivek Vats and Anr., Vs Dinesh Kumari Sharma and 3 Ors.

Om Prakash Vats and Anr., Vs Dinesh Kumari Sharma and 3 Ors.

Nazir Khan., Vs State of Goa, Thr. Chief Secretary and 2 Ors.