JASWANT SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prayer in this petition filed under Article 226 of the Constitution of India is to issue direction to respondents to quash history sheet of the petitioner.

(2.) THE facts of the case reveal that petitioner is an ex-service man having served the Army for 11 years and at the time of filing the present petition he was employed as Watchman with the Garrison Engineer (North), Ambala Cantt. It is pleaded that one Pannu Ram Verma, ASI Police was posted as incharge of Police Post Lal Kurti, Ambala Cantt. and he asked the petitioner to arrange for five bottles of rum. Since petitioner has shown his inability, he was abused by the ASI aforesaid which led to altercation. ASI Pannu Ram Verma was transferred to Police Station, Sadar Ambala City situated in Civil Court premises and it is pleaded that the village of petitioner falls within the jurisdiction of Police Station Sadar Ambala City. On account of earlier incident, it is pleaded, AS! started harassing him. On April 28, 1983 petition found his sons, Gurmit Singh, aged 10 years, missing from the house and his wife informed him that Pannu Ram Verma ASI alongwith three constables had visited their house and after giving beating to her, had taken his minor son and detained him illegally. A. S. I. , it is pleaded, had also taken five tolas of gold and Rs. 2100/- in cash. Petitioner, of this incident, filed a case against the said ASI and three constables Under Sections 365,343 and 380 of the Indian Penal Code. With a view to concoct false case against petitioner, the police got certain false reports regarding taking of money by him for recruitment of persons in the Army even though he was not concerned with the recruiting agency and was only a Watchmen in the office of G. E. (North ). On coming to know of the registration of the case, petitioner applied for anticipatory bail which was allowed. Thereafter, it is pleaded, another case was registered against him on a complaint filed by one Rajinder Verma, Gold Smith of Ambala City on the allegations that petitioner had stolen electric motor from the land which stood mortgaged with him and of which land petitioner was the owner. Constrained, petition had once again prayed for anticipatory bail which was also allowed. When the police and, in particular, Pannu Ram Verma, ASI, were unable to achieve their evil designs, they started concocting various criminal reports against the petitioner. It is pleaded that in all the cases, which were in all five and which were planted against him after the incident that had occured as mentioned above, petitioner has already been acquitted. However, on account of registration of various cases i. e. five in all, respondents opened history sheet of petitioner and accordingly named him therein. It is this history sheet which sought to be quashed in this writ petition as mentioned in the earlier part of this judgment.

(3.) ON the fact that have been rendered, it is pleaded and so argued by Mr. Sharma, learned counsel appearing for the petitioner that the Rules reproduced above, clearly demonstrate that the case of petitioner does not fall under any of the categories and opening of history sheet of petitioner is clear contravention of the Police Rules. Mr. Sharma relied upon Ram Lubhaya v. State of Punjab, 1992 (1) RCR 673 for his aforesaid contention.