- (1.) HEARD the learned Counsel for the petitioner and the learned AGA.
(2.) PETITIONER has prayed for writ in the nature of mandamus commanding the opposite parties to close the petitioner's history sheet No. 276(A) of 1977 with the further directions that the petitioner be not kept under the surveillance by police authorities. The relevant provision regarding opening of the history sheet is contained in para 228 of the police regulations which to facilitate the appreciation for convenience is extracted below: "Para 228. History Sheets and Surveillance Part-V, consists of history sheets. These are the personal records of the criminal under surveillance. History sheets should be opened only for the persons who are or are likely to become habituals criminals or abettors of such criminals. There will be two classes of history sheets. Class-A. History sheets for dacoits, burglars, cattle-thieves, Railway Goods Wagons thieve and abettors thereof....." From the above it is clear that a history sheet can be opened against a criminal who is either a dacoit or burglar or cattle-thief or Railway goods wagons thief or abettor thereof.
(3.) THE counter-affidavit filed on behalf of the State by S.I. Sri Tej Bahadur Singh shows that the history sheet of Class A against the petitioner was opened because of the four cases referred to by him in para 6. However, none of the said four cases as is not disputed even by the learned AGA can bring the petitioner in any one of the five categories enumerated in para 228 necessary for opening history sheet of Class A. THErefore, the opening of the petitioner's history sheet of Class A category is against the above provision of the police regulations. In this way the petition succeeds and the history sheet deserves to be quashed. The petitioner is entitled to the relieves prayed for.;