(1.) THROUGH this writ petition, the petitioner has prayed for a writ in the nature of mandamus commanding the opposite parties to discontinue/close the history sheet of the petitioner opened in the year 1996 as History Sheet No. 37-A at Police Station Kurwar, District Sultanpur.
(2.) PETITIONER's contention is that since 1996 for two years there was no criminal case lodged against him and he was not found involved in any criminal activity and that under Chapter XX Rule 231 of U. P. Police Regulations, the history sheet ought to have been closed after two consecutive years but just with the purpose to harass the petitioner, police is not closing the history sheet and is harassing the petitioner in the name of surveillance.
(3.) IT is not disputed that history sheet of the petitioner was of Class-A and not 'starred'. The relevant provision regarding maintenance of history sheet of Class-A is contained in Chapter XX Rule 231 of the U. P. Police Regulations which is reproduced herebelow : " (231) The subjects of history-sheets of class A will unless they are `starred' remain under surveillance for at least two consecutive year of which they have spent no part in jail. When the subject of a history- sheet of class A whose name has not been `starred' who has never been convicted of cognizable offence and has not been in jail or suspected of any offence or absented himself in suspicious circumstances for two consecutive years his surveillance will be discontinued, unless for special reasons to be recorded in the inspection book of the police station the Superintendent decides that it should continue. When the subject of a history-sheet of class A is 'starred' he will remain starred for at least two consecutive years during which he has not been in jail or been suspected of a cognizable offence or had any suspicious absence recorded against him. At the end of that period if he is believed to have reformed he will cease to be 'starred' but will remain subject to surveillance will be discontinued only if during that period no complaints have been recorded against him. In closing the history-sheets of an 'unstarring' ex-convicts and especially ex-convict dacoits great care should be exercised. "