_,'...- .. 17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1407/2007 RAKESH Through: versus STATE & ORS Through: CORL\M: ..... Petitioner Counsel for the Petitioner (appearance not given). ..... Respondents Mr. Pawan Sharma, Standing Counsel with Ms.Laxmi Chauhan, Adv. for NCT of Delhi. SI Devender Singh, P.S. Rajender Nagar. HON'BLE MR. JUSTICE SANJIV KHANNA ORDER 0/o 17.08.2010 l. The petitioner had earlier filed Writ Petition (Criminal) No.159/2005 for similar reliefs including removal/deletion of the name of the petitioner from bad character list. This writ petition was disposed of vide order dated 13th August, 2007, inter alia, observing that name of a person is included in the bundle A, B and C of the bad character list depending upon involvement of the said person in different crimes in the area. This is done to keep surveillance over a person so that there is peace in that area. The Court observed that history sheet of a person ca;.not be quashed, but the court can ensure that a person who is in peace with the society is not harassed in the name of surveillance. By this order the State was directed to review the status of the petitioner. Direction was given to the authorities to review the petitioner's case within 30 days with intimation to him. It was further directed that even if surveillance is to be taken, the same may be done in a manner that it ! Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified does not infringe privacy of the petitioner and the petitioner does not feel harassed because of the surveillance. 2. Vide order dated 11th September, 2007, the petitioner has been informed that his case history has been reviewed. It was held that surveillance was necessary on the petitioner's activities. Allegations made by the petitioner were not accepted. 3. In the counter affidavit/status reports filed by the Delhi Police, detail of various cases which were registered against the petitioner have been mentioned. The outcome of cases against the petitioner are indicated and the reasons of the outcome are mentioned. It has been pointed out by the Delhi Police that the petitioner is a financer, who lends money and charges exorbitant rates of interest. It is alleged that for recovery of money, the petitioner resorts to strong arm practices. It is stated that on the basis of a complaint made by one Mr. Gursharan Singh regarding threat and harassment, Kalandra under Section 107/150 Cr.P.C. was prepared vide D.D. No.41 B Dated 05 1h February, 2005. Subsequently, the proceedings were dropped by SEM/Central on 21st July, 2005. Further, FIR No.1 04/06 under Section 506/34 IPC Police Station Shalimar Bagh, Delhi, is registered against the petitioner and the same is pending trial. Petitioner was not arrested in the said case. It is stated that on 10 111 July, 2007 a complaint was received from one Ms. Manju Khanna alleging that the petitioner was harassing her husband over payment of money. Husband of Ms. Manju Khanna, Mr.Deepak Khanna has filed a private complaint alleging that the petitioner is threatening and harassing him on account of repayment of loan. The said case is also pending. It is stated in the status report that keeping in view the continuous complaints against the petitioner, surveillance on his activities is necessary and his name remains ip the bundle A of Register No.lC Part-II (Surveillance Register). 4. In view of the above facts, I do not find any reason to exercise power of judicial review and direct the respondents to delete the name of the petitioner from the surveillance list. The respondents will, however, keep on periodically reviewing and examining whether the petitioner's name should continue in the said ."'ll_._. ........ .! lJ ' ' 'I / list as per the policy. Respondents will comply with the directions in the order dated 13th August, 2007 with regard to the privacy of the petitioner and will ensure that the petitioner is not harassed. The petition is disposed of. AUGUST 17, 2010 SANJIV KHANNA, J.