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2025 DAILYLAW 199257 (ALL)

AZHAR MASOOD KHAN v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

CRLP/9471/2025 · 2025-10-07

Abdhesh Kumar Chaudhary, Rajesh Singh Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 9471 of 2025 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Heard Sri Farhan Alam Osmany, learned counsel for the petitioner and Sri S.P. Singh, learned AGA for the State-opposite parties no.1, 2 & 3. 2. By means of this petition, the petitioner has prayed following main reliefs:- "i. Issue a writ, order or direction in the nature of certiorari quashing history sheet no. 93A/2022 dated 11.10.2022 after summoning the same from its custodian. ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties not to harass the petitioner on the basis of history sheet submitted against him." 3. Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.4 of the writ petition, which is a judgement and order dated 29.08.2025 passed by this Court in Criminal Misc. Writ Petition No.7463 of 2025, Rama Shankar Vs. State of U.P. and 2 Others. Learned counsel has stated that the present petition may be disposed of finally in the light of the judgment and order dated 29.08.2025 passed in re; Rama Shankar (supra) and liberty may be given to the petitioner to prefer a fresh representation to the Superintendent of Police, Hardoi and the same may be directed to be decided within a time frame. 4. Learned AGA has no objection if liberty is given to the petitioner to Versus Counsel for Petitioner(s) : Farhan Alam Osmany Counsel for Respondent(s) : G.A. Azhar Masood Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Respondent(s) prefer a representation to the Superintendent of Police and such representation may be directed to be disposed of in terms of the judgement and order dated 29.08.2025 passed in re; Rama Shankar (supra). 5. Therefore, without entering into merits of the issue and without interfering the impugned history sheet no.93A/2022 dated 11.10.2022, we hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh comprehensive representation before the Superintendent of Police, Hardoi (opposite party no.2), raising all pleas and grounds which are available to him. In case such a representation alongwith a copy of the judgment and order dated 29.08.2025 passed in re; Rama Shankar (supra) and copy of this order is filed by the petitioner before the Superintendent of Police, Hardoi within a period of two weeks from today, the Superintendent of Police, Hardoi shall consider the same in the light of the observations made herein-above and shall pass a reasoned and speaking order, strictly in consonance with the relevant regulations of the U.P. Police Regulations. The Superintendent of Police shall deal with each and every ground raised by the petitioner through his representation after summoning the relevant records from concerned police station, within a period of three weeks from the date of filing of the said representation. 6. It is expected that in the meanwhile, the petitioner shall not be subjected to any unnecessary harassment by the police authorities in pursuance of the history-sheet as noted herein-above. 7. The present writ petition is disposed of with the aforesaid observations and directions. October 7, 2025 RBS/- CRLP No. 9471 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Rajesh Singh Chauhan,J.) Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench