A.N.JINDAL, J. - (1.) BY way of this petition, Karnail Singh son of Karam Singh resident of Village Buttari, Tehsil Baba Bakala, District Amritsar, has urged that no criminal case is pending against him and he has not been convicted by any Court. During turmoil period of Punjab, the petitioner had to face trial to ten cases, details of which have been given below :- 1. FIR No. 163/1991 U/s 15 of Arms Act and U/s 5 of the TDA(P) Act, P.S. Mehta, Amritsar. Acquitted by Ld. Addl. Judge designated Court Amritsar on 1.9.1993. 2. FIR No. 28/1993, U/s 302/307/34 IPC, U/s. 25/54/59 Arms Act, 5 TDA(P) Act, P.S. Taran Taran. Acquitted by Ld. Addl. Sessions Judge, Amritsar on 20.2.1995. 3. FIR No. 90/1995, Police Station Verowal, Decided on 4.12.1996 by ld. JMIC Taran Taran. 4. FIR No. 164 P.S. Beas, U/s. 307/34 IPC, 25 Arms Act and 5 of TDA(P) Act. Acquitted by Addl. Judge Designated Court, Amritsar on 6.1.1997. 5. FIR No. 16 of 1995 U/s 457/380 IPC, P.S. Verowal. Acquitted by Ld. JMIC Taran Taran on 4.3.1999. 6. FIR No. 91, U/s 25/54/59 Arms Act, Police Station Beas. Acquitted by Sh. Joga Singh Addl. Sessions Judge, Amritsar on 7.5.1999. 7. FIR No. 27 U/s 379/411 IPC P.S. Bagapurana. Acquitted by JMIC Moga on 2.2.2000. 8. FIR No. 103 of 1995 U/s 382/411/34 IPC P.S. Verowal. Acquitted by Ld. JMIC, Taran Taran on 7.3.2000. 9. FIR No. 26/1997, U/s 379/411/420 IPC, P.S. Baba Bakala. Acquitted by SDJM Baba Bakala on 3.7.2003. 10. FIR No. 37/2004, U/s 341/506/323/500 IPC, P.S. Beas. Acquitted by SDJM Baba Bakala on 31.1.2005.
(2.) THE petitioner was honourably acquitted by the trial Courts in all the above mentioned cases. The respondents have illegally kept his name in the Rolls of Register No. 10. The case of the petitioner does not fall in any of the Clauses of Rule 23.4 of the Punjab Police Rules, therefore, his name may be deleted from the Surveillance Register No. 10. Reply to the petition has been filed, wherein the respondents denied the allegations and submitted that the petitioner has been acquitted in most of the cases on technical grounds/compromise/untraced. However, the petitioner was convicted in case FIR No. 91 dated 9.11.1995 U/s. 25/54/59 Arms Act, P.S. Beas, Police District Majitha and sentenced to rigorous imprisonment of three years and fine Rs. 2,000/- and in case of non-payment of fine the petitioner had to undergo 2 months more R.I. The name of the petitioner was entered in the surveillance register after subjective satisfaction with the activities of the petitioner but at present the activities of the petitioner are silent and no fresh activity came to notice of local police.
(3.) REGARDING case FIR No. 91 dated 9.11.1995 under Section 25 Arms Act, P.S. Beas, the petitioner has produced copy of judgment dated 7.5.1999 passed by Additional Sessions Judge, Amritsar vide which he was acquitted in the case.;