NAND KISHORE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court has filed this present petition being aggrieved by an order dated 20.9.2010, passed by the Superintendent of Police Khargone under the provisions of M.P. Police Regulations, by which the Station House Officer, Maheshwar has been directed to keep surveillance upon the petitioner by entering his name in the surviellance register. THE petitioner's contention is that he is a peace loving citizen and is running a hotel business. THE petitioner has also stated that on account of influence by certain powerful persons, some case was registered against him and he was fined in an offence under section 294 of the IPC in the year 2004. THE petitioner has also stated that in the year 2007, fine was imposed in a gambling case and the Supreintendent of Police passed the impugned order dated 20.9.2010.

(2.) A reply has been filed by the respondent and the stand of the Stale Government is that the petitioner is a history sheeter and is involved in large number of eases from 1976 onwards. The respondents have also enclosed an order dated 21.8.84, passed by the then Superintendent of Police, under Regulation 855 of the M.P. Police Regulations placing the petitioner under surveillance and their contention is that the impugned order has rightly been passed by the Superintendent of Police on 20.9.2010 and the question for deleting the name of the petitioner from the surveillance register does not arise.

(3.) This Court has carefully gone through the list of cases enclosed along with the writ petition and the same reflects that no case has been registered against the petitioner after the year 2007. The Police Regulations framed under the Indian Police Act, 1861 deals with surveillance. Regulations 855. 856 and 857 reads as under:-