KAILASH CHAND Vs. STATE

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner has sought a writ quashing the order by which history sheet of the petitioner has been opened by the respondents and his name entered in Register No. 10 of Police Station Sarai Rohilla and directing the respondents to destroy his history sheet, finger prints, root prints and his photographs illegally taken and kept on the records of Police Station Sarai RohiUa, Delhi and also for a direction to the respondents not to call the petitioner to Police Station Sarai Rohilla. Delhi, without lawful reasons.

(2.) The case of the petitioner is that after opening the history sheet and putting his name in Register No. 10 the officers of the aforesaid police station started treating the petitioner as a criminal and harassing him almost every day by calling him to the police station. The petitioner states that by putting his name in the Register and to opening bistory sheet, he has been lowered in the estimation of his relatives and friend and has been humiliated. The petitioner also alleges that due to this act of the respondents he is suffering greatly and it has become difficult for him either to live at his house or to pursue his avocation. A notice was. issued to the respondents and the petitioner was directed on 13th August 1985 to give further and proper details retarding the allegation made in para No. 10 of the plaint. The petitioner submitted an Additional Affidavit in which he has given details in respect of the police officials who Kailash Chand Vs.. State through Commissioner of Police Delhi and others have been visiting his place on various dates and calling him to police station.

(3.) An affidavit has been submitted by Shri R. N. Singh, S.H.O. Police Station Sarai Rohilla in which he;has stated that the petitioner is a man of desperate character and was involved in various cases, namely, FIR No. 347/73 under section 325 IPC,P. S. Sarai Rohilla, FIR No. 932175 under section 324 IPC, P. S. Sarai Rohilla, FIR No. 302176 under section 25/54/59 Arms Act, P. S. Sarai Rohilla, FIR No. 68179 under section 27/54/59 Anns Act, P. S. Sarai Rohilla, FIR 182179 under section 27)54159 Arms Act, P. S. Sarai Rohilla, FIR 562179 under sec. 25/54/59. Arms Act, P. S. Sarai Rohilla and DD No. 13-A under section 1071151 Criminal Procedure Code . dated 12-11-84, Police Station Sarai Rohilla. It would be seen that the case under section 324 Indian Penal Code was compromised and case under section 1071 151 v. as dismissed and the petitioner was discharged. In all other cases the petitioner has been acquitted.