- (1.) Heard learned counsel for the petitioner and the learned AGA and have been taken through the record.
(2.) By means of the present writ petition, the petitioner has invoked extra ordinary writ jurisdiction of this Court under Article 226 of the Constitution of India seeking relief in the nature of writ of certiorari to quash the order of the Senior Superintendent of Police/ Deputy Inspector General , Kanpur Nagar dated 2.5.2011 whereby the representation made by the petitioner against the history sheet no.2008-A-2046A, Police Station Colonelganj District Kanpur. Further relief has also been sought in the nature of mandamus to command the respondent authorities to discontinue surveillance on the petitioner and also efface his name from Board of History sheeter registered at Police Station Colonelganj Kanpur Nagar.
(3.) Prior to delving into controversy involved in the present case, it is opportune to analysis the root of the matter. The petitioner had earlier approached before another Bench of this Court by means of Criminal Misc. Writ Petition No. 16688 of 2009 (Mohammad Naeem alias Naeem Babu Vs. State of U.P.and others) agitating the similar grievance for quashing the above noted History Sheet registered at Police Station Colonelganj District Kanpur Nagar. The Hon'ble Bench was pleased to dispose of the aforesaid writ petition vide order dated 18.8.2009 with direction to the petitioner to move representation before the Senior Superintendent of Police Kanpur Nagar for setting aside the history sheet. Pursuant to the order of this Court dated 18.8.2009, the petitioner moved an application before the Senior Superintendent of Police Kanpur Nagar (respondent no.2) ventilating his grievance against the opening of History sheet no.2008-A-2046. The respondent no.2 rejected the representation of the petitioner vide impugned order dated 2.5.2011. Peeved by the order passed by the respondent no.2, the petitioner has invoked the extra ordinary jurisdiction of this Court by means of the present writ petition.;