- (1.) The petitioner has come up with a prayer to command the Respondents to close History-Sheet No. 58-A, dated 31-5-1979, Police Station Kairana, District Muzaffar Nagar opened by them against him.
(2.) The petitioner claims as follows :- He is a political and social worker. He was elected as the president of the Kairana Block Congress (I). In the year 1986 this History-sheet was opened against him on the ground that he was involved in Crime Case No. 5 of 1974, under Section 392, I.P.C. The aforesaid crime case gave rise to Crime Case No. 338 of 1978 which resulted in his acquittal vide judgment dated 23-7-1979 of 1st Additional Munsif Magistrate, Saharanpur, as contained in Annexure 1. He filed Writ Petition No. 9457 of 1986 before this Court for questioning the History Sheet, which was dismissed vide order dated 18-8-1987 on the ground that there are no allegations in the writ petition that he is awakened by the police in night or any surveillance is kept on him. On account of continuous interference with his political and social activity by the police he moved this Court by filing another Writ Petition No. 16173 of 1987 with a prayer to quash the history-sheet in question. This writ petition was also dismissed vide order dated 5-9-1991 (as contained in Annexure 2) holding that no error was committed in instructing him by the police to inform the police station whenever he leaves his house and there is no interference by the police in his activities. As his reputation in the town and neighbouring villages has been marred and in the eye of the police and the general public he is now considered to be a criminal, thus it will be expedient in the interest of justice that the History-sheet in question, whichwas opened in the year 1979, now be directed to be closed.
(3.) Vide orders dated 29-3-1995 and 24-4-1995 adjournments were granted by this Court to the learned counsel for the State to file counter-affidavit. Unfortunately no counter-affidavit has been filed till date. Sri Sudhir Mehrotra, learned A.G.A. sought grant of yet another opportunity to file a counter-affidavit but having regard to the nature of the order which we propose to pass we do not consider expedient to adjourn this writ petition which has remained pending in this Court for more than four years by now.;