Shekhar Singh v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2815/2019 and CRL.M.A. 37331/2019 SHEKHAR SINGH ..... Petitioner Through:

Mr Abhay Anand and Mr B.K. Jha, Advocates.

Versus

STATE & ORS.

..... Respondents Through:

Ms Kusum Dhalla, APP for Ms Nandita Rao, ASC (Criminal) for State.

SI Jagdish Singh, PS Kotwali.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.11.2019 1.

The petitioner has filed the present petition, inter alia, praying as under:

"a.

Allow the present Writ Petition and issue the appropriate Writ / Direction / Order to the respondents to quash the history sheet opened in respect of the petitioner by the respondents at the police stations Kotwali, Lahori Gate North District, Delhi and police station Seemapuri North East District Delhi, and delete the name of the petitioner from the previous conviction/ involvement report SCRB Delhi/ police record maintained at the above said police stations." 2.

Ms Dhalla, learned APP for State submits that the petitioner was involved in three FIRs - FIR bearing no. 0515/2004, under Sections 323/34

of the IPC registered with PS Kotwali; FIR bearing no. 0557/2006, under Sections 308/341/506 of the IPC, registered with PS Seema Puri; and FIR bearing no. 0013/1999, under Sections 394/34 of the IPC, registered with PS Kotwali.

3.

The disputes involved in the first two FIRs were compromised by the petitioner. Accordingly, the first FIR (FIR bearing no. 0515/2004) was quashed and FIR bearing no. 0557/2006 was partially quashed qua the petitioner. The petitioner was acquitted in FIR bearing no. 0013/1999. 4.

Ms Dhalla also states, on instructions, that the petitioner is not a history sheeter inasmuch as his name does not feature in the history sheet maintained under Rule 23.8 of the Punjab Police Rules, 1934. 5.

In view of the above statement, the grievance of the petitioner in this regard does not survive.

6.

Insofar as the petitioner's prayer for removal of his name from the State Crime Record Bureau (SCRB) is concerned, the same cannot be granted.

7.

There is no discretion with the SCRB to maintain a record of previous convictions and involvements. The SCRB record only indicates the data maintained by the SCRB which records the FIRs and previous convictions and involvements of any person in those FIRs. 8.

In the present case, the SCRB report duly indicates that FIR in which the petitioner acquitted as well as ones that was compromised.

9.

In view of the above, no further orders are required to be passed in this petition. The petition is disposed of. The pending application is also disposed of.

10.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J NOVEMBER 07, 2019 RK