NISHAR AHMED v. STATE OF U.P. THRU. PRIN.SECY. DEPT. OF HOME AND OTHERS
CRLP/1609/2022 · 2025-11-14
Pramod Kumar Srivastava, Rajiv Gupta
body2025
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[ 2025 DAILYLAW 198896 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198896 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 1609 of 2022 Court No. - 30 HON'BLE RAJIV GUPTA, J.
HON'BLE PRAMOD KUMAR SRIVASTAVA, J.
1. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record.
2. The instant writ petition has been filed by the petitioner for the following relief:
"(i). issue a writ, order or direction in the nature of mandamus commanding the opposite party no.2 to close the History-Sheet of the petitioner opened as history sheet-A without considering the material on record. (ii) Issue writ, order or direction in he nature of mandamus commanding the opposite party no.2 to take a decision on the representation of the petitioner moved on 2.12.2021 through registered post contained in annexure no. 2 of the writ. (iii). Any other writ, order or direction which this Hon'ble Court may deem fit. "
3. Learned counsel for the petitioner has submitted that though History-Sheet No. 36-A dated 1.9.2021 has been opened/instituted against the petitioner, however, his case neither false in class- A nor class- B, as such, the entire exercise is bad in law.
4. Learned counsel for the petitioner has next submitted that the petitioner has already preferred a representation dated 2.12.2021 before respondent No. 2, however the same has not yet been Versus Counsel for Petitioner(s) : Devendra Pratap Singh Counsel for Respondent(s) : G.A. Nishar Ahmed .....Petitioner(s) State Of U.P. Thru. Prin.Secy. Dept. Of Home And Others .....Respondent(s)
decided and is still pending disposal.
5. Learned A.G.A could not dispute the aforesaid facts.
6. Having considered the rival submissions made by the learned counsel for the parties, the instant writ petition is disposed of with a direction that the petitioner may prefer a fresh representation before the appropriate authority/respondent No. 2 highlighting his grievance within two weeks.
7. If such representation is filed within the said period, the respondent No. 2 shall consider his representation and pass appropriate orders in accordance with law.
8. With these observations, the instant writ petition stands disposed of. November 14, 2025 R CRLP No. 1609 of 2022 2 (Pramod Kumar Srivastava,J.) (Rajiv Gupta,J.) Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad, Lucknow Bench