SUDESH KUMAR Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India is directed against the action taken by respondents 2 and 3 viz. Deputy Commissioner of Police (West Distt.) and the Station House Officer, P.S. Lawrence Road, in opening the history sheet of the petitioner and entering his name in the surveillance register. He seeks issue of a writ, order or direction in the nature of mandamus commanding the respondents to remove the entry with regard to the petitioner from the police surveillance register and to close history sheet opened in respect of him.

(2.) The facts germane to the. decision of this writ petition succinctly are that the petitioner is a resident of house No. C-8/182 Lawrence Road, which falls within the territorial jurisdiction of P.S. Lawrence Road. He is running business of paper and other stationery goods at Chawri Bazar where his shop is situated. The business premises of the petitioner were raided by the police on or about 23rd April 1978 and four type-writers, which were alleged to have been stolen in different incidents of thefts, were recovered therefrom. The stolen type-writers, pertain to the following four cases:

(3.) On completion of investigation the petitioner was sent up for trial under Section 411. Indian Penal Code. in alt the above mentioned four cases and those cases are still pending against him.