Jagmohan @ Mohar Singh v. State ( NCT Of Delhi)

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + JAGMOHAN @ MOHAR SINGH ..... Petitioner Through:

Mr.Rajesh Anand, Mr.Aman Gaur and Mr.Pawan Yadav, Advocates.

versus STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Sanjay Lao, A.S.C. for the State with Mr.Siddarth Sindhu, Advocate with SI Ajay Singh, PS Darya Ganj.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 09.05.2016 The petitioner has invoked the writ jurisdiction of this Court with the following Prayer:- "Delete the name of the petitioner from the list of bad characters as well as from the surveillance register of P.S. Daryaganj and also remove the name from the history sheet." Learned counsel for the petitioner submits that the act of keeping his name in the surveillance register and the list of bad characters of PS Daryaganj violates the fundamental rights of the petitioner. He submits that the petitioner has devoted his life for the upliftment and betterment of the Dalit community in Delhi but has attracted the unsavoury attention of some elements to thwart his noble endeavours. He has been implicated in numerous criminal cases one after the other and he has spent over two

decades defending himself and clearing his name. He has spent a decade behind bars due to false and vexatious cases against him. 3.

Learned counsel for the petitioner prays that his name be deleted from the list of bad characters as well as from the surveillance register of PS Daryaganj and also remove his name from the history sheet. 4.

Status report has been filed by the State to the effect that the name of the petitioner Jagmohan @ Mohar Singh was entered in Part-II of Register No. 10 and he was made BC of Bundle A of the Police Station Darya Ganj and since then his activities have been kept under surveillance. He was involved in following 20 criminal cases during the period 1994 to 2014:- S.No.

FIR No.

Under Section Police Station 64/1994 452/506/323/34 IPC Darya Ganj 215/1995 506/34 IPC Darya Ganj 3.

435/1995 324/34 IPC Darya Ganj 4.

350/1996 506 ICP Shakar Pur 5.

853/1996 307/302 IPC Kotwali 6.

417/1996 392 PC Vasant Kunj 7.

366/1998 302/120B IPC Darya Ganj 8.

30/1998 506/323/34 IPC Subzi Mandi 9.

DD No. 26A dtd.

27.01.2000 110(G) Cr.P.C Darya Ganj 10.

DD No. 16A Dt.

28.01.2000 107/150 Cr.P.C.

Darya Ganj 11.

Dd No.

32A Dt 05.08.2000 110(G) Cr.P.C.

Darya Ganj 12.

428/2000 491(7)-51, 50,(1) Wild Life Act 1972 Darya Ganj 13.

539/2001 25 Arms Act IP Estate 14.

DD No. 32A Dt.

23.04.2003 107/151 Cr.P.C.

Darya Ganj 15.

Dd No.

31A Dt.

25.10.2004 107/151 Cr.P.C.

Darya Ganj

16.

521/2005 186/353/411 IPC and 25 Arms Act and 3(2)/ 23(4) MOCACA Act.

Connaught Place 17.

335/2014 3 DPDP Act Darya Ganj 18.

336/2014 186/332/353/34 IPC Darya Ganj 19.

1059/2014 448/453/380/34 IPC Shakarpur 20.

1064/2014 341/448/453/506/34 IPC Shakarpur 5.

Out of the above mentioned 20 criminal cases, in which the petitioner was involved, following four cases are pending trial/investigation:- S.No. Case No.

Under Section Status FIR No. 335/2014, PS Darya Gang 3 DPDP Act Pending trial FIR No. 336/2014, PS Darya Ganj 186/332/353/34 IPC Pending investigation.

3.

FIR No. 1059/2014, PS Shakur Pur 448/453/380/34 IPC Pending investigation.

4.

FIR No. 1064/2014, PS Shakur Pur 341/448/453/506/34 IPC Pending investigation.

6.

In the status report, it is also mentioned that activities of the petitioner are being kept under surveillance as the applicant has been continuously involved in criminal cases. Even four brothers of the petitioner namely Brij Mohan, Khoob Singh, Sher Singh and Jai Chand are also active BCs of Bundle-A of PS Darya Ganj. As per the status report, the petitioner is involved in many criminal cases. Three criminal cases out of 20 cases are pending investigation and one case is under trial. Hence keeping in view the cases pending trial, it is not possible to remove his name from the surveillance register. However, only movement/activities of the petitioner are being kept under surveillance without any personal interference. 7.

Keeping in view the list of the cases in which petitioner had been

involved which includes the cases in which he has been acquitted as well pending trial/investigation shows that he is a habitual offender. In such circumstances merely because in some cases he has been acquitted cannot be made a ground to grant the prayer made in the writ petition, especially when FIRs have been registered against the present petitioner in the year 2014. 8.

The writ petition stands dismissed.

PRATIBHA RANI, J.

MAY 09, 2016 'hkaur'