PARVINDER SINGH DAKH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner is seeking the quashing of the history-sheet opened by the respondents in respect of his name. The grounds for quashing the history sheet are that the petitioner is M.Sc. (Plant Pathology) from Punjab Agricultural University, Ludhiana and his father is a retired military officer who, after his retirement, is living in his native village. The petitioner also lives with his father, along with other members of his family.

(2.) IN the year 1983, one Pritpal Singh, an officer of the Punjab Agricultural University, Ludhiana was murdered and the petitioner was falsely involved in that case for hatching up criminal conspiracy. He was then tried by the Court of Session and acquitted in June, 1986. Petition of the Punjab State for leave to appeal against the judgment of acquittal was dismissed in limine by the High Court. After registration of the case, name of the petitioner was entered in register No. 10, Police Station, Dhkha, District Ludhiana. History-sheet was also opened after taking his foot-prints, finger-prints and photographs in the Police Station. After the name of the petitioner was entered, as mentioned above, the Police officers of that Police Station started treating the petitioner as a criminal and harassing him every day by calling him at the Police Station. Thus, the entering of his name in the said register has lowered the petitioner in the estimation of his relatives and friends and he is humiliated. The petitioner applied for various posts after doing M.Sc., but entry of the name in register No. 10 and opening of history sheet stand in his way in getting a job.

(3.) IN reply to this petition, the affidavit of Shri R.S. Gill, Senior Superintendent of Police, Ludhiana on behalf of all the respondents shows that the petitioner was an accused person in case First Information Report No. 111 dated 20.3.1983, under Section 302/148/149/120-B of the Indian Penal Code and 25/27 of the Arms Act, Police Station Sarabha Nagar, Ludhiana registered in connection with the murder of Prithipal Singh, the then Director, Students Welfare, Punjab Agriculture University, Ludhiana. It further stated that the petitioner absconded in that case and was declared a proclaimed offender and surrendered in Court only on 12.6.1985. He was tried in the said case and was admittedly acquitted in June, 1986.