Allahabad HC Directs Home Secretary To Make Sure Persons' Criminal History Is Available With Press Of A Button

The Allahabad High Court has directed the Principal Secretary (Home) and the Director General of Police of State Government to make available details of criminal history of a person at one stroke.

The bench of Justice Samit Gopal noted with the present digital age everything is available with the press of a button or a click of a mouse.

Thus the Court observed that it cannot be said that the criminal history of a person cannot be gathered by the police agency instantaneously through a dedicated portal for it for reporting it to the Courts.

The Court observed that "With the present digital age where everything is now possible and available with the press of a button or a click of a mouse, it cannot be said that the criminal history of a person cannot be gathered by the police agency instantaneously through a dedicated portal for it for reporting it to the Courts."

Thus the Court directed "The Principal Secretary (Home), Government of Uttar Pradesh, Lucknow and the Director General of Police, Government of Uttar Pradesh, Lucknow are directed to look into this issue and do the needful and also take up the issue at their level for having the details of criminal history of a person at one stroke."

The Court was dealing with a plea seeking quashing of FIR registered against one Bal Kumar Patel along with his anticipatory bail application.

Advocate Satya Dheer Singh Jadaun appeared for the applicant-accused and Additional Government Advocate Sanjay Kumar Singh appeared for the State.

In this case, as per the counter affidavit filed by the Sub-Inspector, it was mentioned that there were no criminal antecedents of the accused.

However, the counsel for the informant stated that the accused-applicant has criminal history of 11 cases.

Following this, the Court took cognizance after which personal affidavit of the Superintendent of Police, Banda was filed wherein it was disclosed that the accused-applicant has a criminal history of 27 cases including the present case.

The Court observed that "Although the criminal antecedents of a person may not be the sole decisive factor in a case but surely need to be looked upon while deciding a matter. The affidavit of compliance of the Superintendent of Police, Banda in the anticipatory bail application though shows that the some action has been initiated against the deponent of the earlier counter affidavit but the manner in which this fact has emerged and that too on the pointing out of learned counsel for the first informant is a matter of concern."

Thus the Court directed the Principal Secretary (Home) and the DGP of State Government to look into this issue and do the needful and also directed them to take up the issue at their level for having the details of criminal history of a person at one stroke.

The Court rejected the plea seeking quashing of FIR as well as the anticipatory bail plea of the accused.

Cause Title- Bal Kumar Patel Alias Raj Kumar v. State of U.P. and Another

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