AMAN KUMAR Vs. U. T OF J&K

JUDGEMENT

(1.) The petitioner seeks issuance of writ of certiorari to quash the proceedings of opening of personal file, opening of history sheet and entering of the name of the petitioner as history sheeter in the Police Station Arnas, Reasi and a direction to respondent Nos. 3 and 4 to delete/remove the name of the petitioner from the surveillance register kept in the Police Station and also to restrain the respondents from displaying his photographs on the notice board kept in the Police Stations Mahore and Arnas, Reasi.

(2.) The aforesaid relief is being claimed by the petitioner on the ground that the opening of personal file, history sheet and entering his name in the Police Register as well as displaying his photographs on the notice board of the Police Station are not in conformity with the Police Rules. According to petitioner, the act of the respondents in opening the personal file of the petitioner, history sheet and displaying his photographs is a serious encroachment on the liberty of the petitioner who has been acquitted in the FIR, on the basis of which, his personal file and history sheet has been opened.

(3.) Before opening personal file, history sheet or entering the name of the petitioner in the Police Register, notice was required to be given to him. The case of the petitioner is that two false and frivolous FIRs came to be registered against him by respondent No.3 i.e., FIR No. 127/1993 under Ss. 382/353/341 RPC in Police Station Mahore and FIR No. 02/2008 of Police Station Mahore and the said respondent on the basis of said two FIRs opened his history sheet on 19/1/1995.