Criminal Writ Petition No. 1108 of 2010. Case: Gajendra Singh S/o Sri Khim Singh Vs State of Uttarakhand through Senior Superintendent of Police and Station House Officer. Uttarakhand High Court
| Case Number | Criminal Writ Petition No. 1108 of 2010 |
| Judges | Prafulla C. Pant and Servesh Kumar Gupta, JJ. |
| Issue | Indian Penal Code - Sections 34, 302, 323, 364, 504 and 506; Constitution of India - Article 226; Uttar Pradesh Police Regulations - Regulation 228 |
| Judgement Date | April 21, 2011 |
| Court | Uttarakhand High Court |
Judgment:
Prafulla C. Pant, J., (At Nainital)
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By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought writ in the nature of certiorari, quashing the impugned history sheet No. 11/A of 1997, at police station Mallital, District Nainital.
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Heard learned Counsel for the parties, and perused the affidavit, counter affidavit and rejoinder affidavits.
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Brief facts of the case, as narrated in the writ petition, are that against the writ Petitioner Gajendra Singh, three criminal cases were registered against him during the period between 1994 and 1997, and in all the three cases, he was acquitted by the trial courts. It is pleaded on behalf of the writ Petitioner that neither the Petitioner was a habitual offender nor any of the cases registered against him relate to dacoity or robbery or theft etc., as such, the history sheet opened against the Petitioner is liable to be quashed. It is also pleaded that for last 13 years without there been even a single case pending against the Petitioner, he is subjected to harassment at the hands of the police as the history sheet of class 'A' is opened against him.
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In the counter affidavit on behalf of the Respondents it is admitted that three cases were registered against the Petitioner between 1994 and 1997. It is also not denied that in all the three cases, the Petitioner was acquitted by the trial courts. However, it is stated in the counter affidavit that as the history sheet No. 11/A of 1997 is opened against the Petitioner, he is under surveillance of the police due to that reason.
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From the counter affidavit filed on behalf of the Respondents following are the criminal cases found previously registered against the writ Petitioner Gajendra Singh 3:-
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Crime No. 388 of 1994 relating to offence punishable Under Section 302/34 I.P.C, police station Kotwali Mallital, Nainital.
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Crime No. 612 of 1996 relating to offences punishable Under Section 323, 504 and 506 I.P.C., police station Kotwali Mallital, Nainital.
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Crime No. 442 of 1997 relating to offence punishable Under Section 364 I.P.C., police station Kotwali Mallital, Nainital.
Copy of Annexure-1 to the writ petition shows that after the trial, Petitioner Gajendra Singh was acquitted vide judgment and order dated 10th of July 1998, passed by Sessions Judge, Nainital in Session Trial No. 230 of 1995, from the charge of offence punishable Under Section 302 read with section 34 I.P.C., (arisen...
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