ANIS Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Between the period 1967 and 1986 Mohd. Anis was involved in as many as nine <PG>580</PG> cases out of which one was under the Arms Act while the remaining under the Indian Penal Code. He was acquitted in all excepting one under section 325 read with section 34 of the Penal Code which was registered in June 1986 and which is still pending disposal. He was also proceeded against twice undersection 107 read with section 151 of the Code of Criminal Procedure firstly in the year 1989 and thereafter in March, 1992. He was discharged in both. However, in November, 1992 yet another proceeding under section 107/151 of the Code was initiated which is pending disposal. Thus, in the year 1992 he was facing trial in a ease registered in the year 1986 besides proceedings under section 107 of the Code of Criminal Procedure. That very year an order was passed by which history sheet of the petitioner was opened and his name was entered in Register No. 10 of Police Station Chandni Mahal besides his being placed on surveillance. The petitioner seeks quashing of the said order.

(2.) History sheet is opened under the Punjab Police Rules 1934. Rule 23.9 (2) provides:

(3.) Can it be said, on the basis of the material placed before us and as referred to in the introductory paragraph of this order that the petitioner is "habitually addicted to crime."?