- (1.) THE first mentioned writ petition has been filed by the petitioner, Awadhesh Prasad Shukla, with a prayer for a writ of mandamus upon the respondents so that there may not be a so-called encounter in respect of the petitioner at the instance of the respon dents and so that the freedom of move ment of the petitioner may not be inter fered with by them. When the petition was placed before the Division Bench on 17-4-1996, a counter-affidavit was called for. Subsequently, on the filing of the Second Writ Petition No. 2284 of 1997 by the same petitioner, the first petition was linked with the second one.
(2.) IN the second Writ Petition No. 2284 of 1997 the self-same Awadhesh Prasad Shukla prayed for a writ of certiorari quashing the history-sheet opened in respect of him, as per Annexure T to the writ petition. It was further prayed in the writ petition that the respondents be restrained from taking any action against him on the basis of the impugned history-sheet. On presentation of the petition on 1-10-1997, a Division Bench of this High Court directed the respondents to come up with counter-affidavit and a counter-af fidavit supplemented by another was brought on record. The two matters were heard together and are being disposed of by this single judgment. In the history-sheet No. H.S./4-A, it was indicated that Awadhesh Prasad Shukla came from a cultivator's family and due to extra indulgence that he had received from his parents, he went astray and started committing minor oftences from the very childhood. On attaining man hood, he took up crime as a profession. In the history-sheet seven cases were indi cated against him. They are all of P.S. Khiri. The cases are detailed below with year and short description: SI. No. Year Offence Action 1. 1976 Case Crime No 5/76 Arrested. under Section 60 of Release on theExciseAcl bail 2. 1977 Case Crime No. Releaseon 36/77 under Section bond. 3of theU.PGoon- das Act 3. 1977 Case Crime No. Charge- 38/77 under Section sheet. Ac- 324.I.P.C. quitted Asecrimeno. N.C.R.sub- 37/84 underSection milled. 452.I.PC.
(3.) 1984 CaseCrimeNo. Charge-sheet 96/84 under Sections submitted. 323/506,I.P.C. Asecrimeno. Charge-sheet 56/86 under Section submitted. 392,I.P.C.;