SATISH CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C., for a direction to the respondents to delete the name of the petitioner from the list prepared under Section 110 Cr.P.C. and directing respondent No. 3 the Station House Officer, Police Station Gohana, not to call the petitioner in the police station under the garb of illegal list.

(2.) IT has been alleged that respondent No. 3 has entered the name of the petitioner in the list prepared by him under Section 110 Cr.P.C. without submitting any calendra to the Executive Magistrate, as required by law. The continuance of his name in the said list is reflecting on the reputation of the petitioner and is subjecting him to unnecessary harassment. The photograph of the petitioner, it is alleged, has also been affixed in the police station under the category of persons under Section 110 Cr.P.C. It is alleged, that at the time of filing of this petition, no case or criminal proceedings were pending against the petitioner, who was not arrayed as an accused and convicted by any criminal court throughout the country. The freedom of the petitioner has been curtailed by the respondents without any reasons or basis. It was also mentioned that under the provisions of the Police Rules, the police may maintain a surveillance register under Rule 23.4. However, the petitioner is not covered under the said rule also.

(3.) NOTICE of motion was issued to respondents. Respondent No. 3/Mahabir Singh, Sub Inspector/SHO, police station Gohana, has filed reply wherein it has been contended that the petitioner was found involved in the following cases : -