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2025 DAILYLAW 49106 (ALL)

KAILASH CHANDRA AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

CRLP/8292/2025 · 2025-04-28

Mahesh Chandra Tripathi, Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66859-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8292 of 2025 Petitioner :- Kailash Chandra And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Apul Misra,Devvrat Misra Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioners and learned AGA for State respondents. 2. The instant writ petition has been preferred for a direction to respondents to close the History Sheet No.131/A (against petitioner no.1 Kailash Chandra) and History Sheet No.122/A (against petitioner no.2 Lalit Kumar), which have been opened by Police Station Bissauli, District Budaun and for a further direction to respondents to stop the police surveillance and not to harass the petitioners under the garb of such surveillance by the police in connection with the aforesaid history sheets. 3. This much is contended that the petitioners do not come under the criteria prescribed under Regulation 228 of the U.P. Police Regulations and as such the history sheet may be closed. In this regard the petitioners have also moved detailed representation to the authority concerned but the same has not been adhered to as yet. 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 petitioners 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. Learned AGA for the State-respondents very fairly conceded the fact that in case petitioners move 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 with observation that in case the petitioners move fresh representation ventilating their grievances before the respondent No.3- Senior Superintendent of Police, Budaun 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 :- 29.4.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad