Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 27032 (ALL)

MOHIT TOMAR @ SONU v. THE STATE OF U.P. AND 2 OTHERS

CRLP/5508/2025 · 2025-04-23

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:63335-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 5508 of 2025 Petitioner :- Mohit Tomar @ Sonu Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Dileep Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned AGA for State respondents. 2. Present writ petition is preferred on behalf of the petitioner with following prayer:- "(i) a writ, order or direction in the nature of certiorari to quash history sheet No.119/A of the petitioner in Police Station Pilkhua, District Ghaziabad. (ii) a writ, order or direction in the nature of Mandamus commanding/directing the respondents authorities to close the history sheet No.119/A of the petitioner in Police Station Pilkhua, District Hapur within stipulated period." 3. This much is contended that the petitioner does not come under the criteria prescribed under Regulation 228 of the U.P. Police Regulations and as such the impugned history sheet is liable to be closed. It is also submitted that in similar circumstances this Court has accorded indulgence vide order dated 7.2.2024 in Criminal Misc. Writ Petition No.3355 of 2021 (Faisal @ Vaish Siddiqui v. State of U.P. & Ors.) and the petitioner being on similar footing is also entitled for similar indulgence. Reliance has also been placed on the judgment dated 4.3.2024 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No.9074 of 2022 (Aftab Alam v. State of U.P. & Ors.). 4. Mr. G.P. Singh, learned A.G.A. for the State-respondents very fairly conceded the fact that in case petitioner moves a fresh application at the earliest before the Competent Authority, definitely the same would be considered expeditiously. 5. In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending consideration. The writ petition stands disposed of asking the petitioner to move a fresh representation ventilating his grievance before the respondent No.2-Superintendent of Police, District Hapur. In case any such representation is moved by the petitioner within three weeks, we hope and trust that the said representation would be considered on merit by the Competent Authority, who must accord audience to the parties having stake in the matter and only thereafter decide the said representation expeditiously, preferably within three months. Suffice to indicate that the Court has not adverted on the merits of the case. (Anil Kumar-X,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 24.4.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad