ASHOK SRIVASTAVA, J. - (1.) AFFIDAVIT of Sri Pramod Mishra, Superintendent of Police, Rae Bareli, filed with history sheet of son of alleged detenu in court is taken on record. On a careful reading of the history sheet it appears that the history sheet contains six criminal cases starting with Crime no. 6 of 2005 registered under Section 392 and 394 I.P.C. It also appears that Crime No. 7 of 2005, 8 of 2005 and 10 of 2005 under various sections also relate to Crime No. 6 of 2005 although the copies of F.I.Rs have not been annexed herewith. Crime No. 250 of 2006 was only under Section 110 Cr.P.C but it also appears that on the basis of the aforesaid crimes from serial no.1 to 5, Crime no. 470 of 2006 under Section 3 of U.P Goondas Act was registered.
(2.) WE have also noticed in several similar other cases that in order to control the law and order problems, the police has been opening history sheets of young people casually without giving them a chance to improve and thus, forcing the young generation to join crime world, as already noticed in some habeas corpus matters earlier. Thus, we take a serious note and direct the Chief Secretary, Principal Secretary (Home) and D.G.P, U.P, to ensure that no history sheet of young people shall be casually opened without bringing the matters to the notice of I.G.Ps (C.I.D.) as it causes the infraction of fundamental rights under Article 21 of the Constitution, and thus, this Court may, in some appropriate cases, consider to examine the validity of police regulation no. 228 which deals with opening of history sheets. As regards the instant case, in view of a categorical denial of illegal detention of the alleged detenu on affidavit by the Superintendent of Police, the habeas corpus petition would not survive, hence, it is dismissed. Let a certified copy of this order issue forthwith to Chief Secretary, Principal Secretary (Home) and D.G.P., for immediate compliance by way of issuing necessary instructions to the subordinate police officers.;