ANSHU SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO. AND 2 OTHERS
CRLP/8837/2025 · 2025-10-08
Rajnish Kumar, Zafeer Ahmad
body2025
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[ 2025 DAILYLAW 199820 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 199820 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. WRIT PETITION No. - 8837 of 2025 Court No. - 10 HON'BLE RAJNISH KUMAR, J.
HON'BLE ZAFEER AHMAD, J. 1.Heard Sri Janardan Singh, learned counsel for the petitioner and learned A.G.A. for the State. 2. This petition has been filed with the following prayers:- (i) issue a writ, order or direction in the nature of Certiorari quashing the impugned quashing the history sheet of the petitioner, if any, after summoning the same in original from the opposite parties particularly opposite party no.3, in the interest of justice. (ii) issue a writ order or direction in the nature of Mandamus commanding and directing the opposite parties particularly opposite party no.3 not to harass the petitioner and his family members in any manner and not to take any penal action against them in pursuance of the alleged criminal history, in the interest of justice. (iii) issue a writ order or direction in the nature of Mandamus commanding and directing the opposite party no.2 to take decision upon the application dated 21.08.2025 moved by the petitioner and take appropriate penal action against opposite party no.3 within a period as fixed by the Hon'ble court in accordance with law. 3. Learned counsel for the petitioner submits that the history sheet of the petitioner has been opened at Police Station Paraspur District Gonda on account of three cases which are pending in the district Barabanki. 4. The petitioner has moved a representation before the Superintendent of Police, Gonda on 11.09.2025 for closing the history sheet and not harassing the petitioner on account of the said history sheet. In the said cases, the petitioner has already been Versus Counsel for Petitioner(s) : Janardan Singh Counsel for Respondent(s) : G.A. Anshu Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others .....Respondent(s)
granted anticipatory bail/bail. He further submits that in similar case a Division Bench of this Court in the case of Rama Shankar vs State of U.P. and Ors in Crl. Misc. Writ Petition No.7643 of 2025 has granted liberty to the petitioner to move comprehensive representation before the concerned Superintendent of Police concerned and directed to decide the same after considering each and every ground taken by the petitioner. 5.
Thus after arguing at some length, learned counsel for the petitioner restricts his prayer for a direction to the respondent no.2 to consider and decide the representation of the petitioner contained in annexure no.6 to the petition within some stipulated period with a direction that the petitioner may not be harassed in pursuance of the history sheet. 6. Learned A.G.A. has opposed the submissions advanced by learned counsel for the petitioner, however, he could not dispute that the plea, if any, in regard to the history sheet can be considered by the Superintendent of Police concerned. 7. In view of above without entering into merits of the case, the writ petition is disposed of with a direction to the opposite party no.2 to consider and decide the representation of the petitioner expeditiously within a period of four weeks from the date of production of a certified copy of this order before the authority concerned. 8. Liberty is granted to move a comprehensive representation alongwith certified copy of this order. 9. It is expected by this Court that the petitioner shall not be harassed by the police in view of the history sheet till disposal of representation. October 8, 2025 Shahnaz CRLP No. 8837 of 2025 2 (Zafeer Ahmad,J.) (Rajnish Kumar,J.) Digitally signed by :- SHAHNAZ BANO High Court of Judicature at Allahabad, Lucknow Bench