ANANT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER Anant Ram, by way of filing this petition under Article 226 of the Constitution of India, has sought the issuance of a writ, order or direction, to the respondents to remove his name from the Surveillance Register and close the history sheet maintained under the Punjab Police Rules', 1934 (hereinafter referred to as the 'Police Rules').

(2.) THE case set up by the petitioner is that he was working as Secretary - cum -Mini Bank Manager of Charuni Jatan Co -operative Service Society Limited, Charuni Jatan. The Assistant Registrar, Co -operative Societies, Kurukshetra, got registered three cases under Sections 420, 406 of the Indian Penal Code, against him and he was dismissed from service. To earn livelihood, he started a small scale industry of manufacturing electric lamps at Karnal, in the name of his wife. He obtained friendly help from one Sri Ram of Karnal, who is allegedly related to Shri Ishar Singh Speaker Haryana Legislative Assembly. There arose some dispute between him and abovesaid Siri Ram and the matter was referred to an Arbitrator. The petitioner was to pay Rs. 2, 000/ - per month in case Shri Siri Ram returned the cheques issued earlier by the petitioner. However, Shri Siri Ram, got the case registered against the petitioner under Section 420 of the Indian Penal Code, on 6.7.1994, at Police Station Karnal, on 4.8.1994, the petitioner was allegedly taken to Police Station City Karnal, where his photographs, thumb, impressions and finger prints were taken. The petitioner came to know after two months that his history sheet has been opened and his name has been entered in the Surveillance Register No.10, maintained under the Police Rules, According to the petitioner, his liberty has been curtailed by the action of the respondents because he is not a habitual offender.

(3.) ON notice of motion having been issued, the respondents in their counter have justified their action by alleging that the petitioner is habitually from the general public/poor people of the society and he is still facing criminal trial in various Courts in different Districts. It was admitted that three cases under sections 420, 406, 409 of the Indian Penal Code etc. vide F.I.R. Nos. 96/90, 220/90 and 237/93, against the petitioner were got registered in Police Station Shahbad, District Kurukshetra, by the Assistant Registrar, Co -operative Societies, Kurukshetra and the same are pending trial in District Courts. It was also admitted that on the complaint of one Siri Ram, addressed to the Superintendent of Police, Karnal, a case under section 420 of the Indian Penal Code, was registered vide F.I.R. No. 406 dated 5.7.1994, in Police Station City Karnal.