RAM PRAKASH S/O SHRI SARJU PRASAD Vs. STATE OF UTTARAKHAND THROUGH SECRETARY, MINISTRY OF HOME AND ORS.

JUDGEMENT

(1.) BY means of this petition moved under Article 226 of Constitution of India, the Petitioner has sought direction in the nature of mandamus commanding Respondents to close the history sheet of the Petitioner opened at Police Station Rudrapur, District Udham Singh Nagar.

(2.) HEARD learned Counsel for the parties, and perused the affidavit, counter affidavit, and rejoinder affidavit.

(3.) A counter affidavit has been filed on behalf of the Respondent No. 2 in which the six criminal cases mentioned in the writ petition are said to have been registered against the Petitioner, and there were two NC Rs (non cognizable reports) i.e. NCR No. 101 of 1997, relating to offences punishable under Section 323, 504 Indian Penal Code, and another NCR No. 102 of 1997, relating to offence punishable under Section 504 Indian Penal Code. It is not denied by the Respondents that the accused is acquitted from the charge in respect of the offences were registered against him. As such, the stand taken by the writ Petitioner that all the six cases registered against him between 1992 till 2000, terminated in his favor, and he was acquitted. It is nowhere stated in the counter affidavit that NC Rs were investigated upon. It is also not denied in the counter affidavit that since 2000, no criminal case was ever registered against the Petitioner.