Allahabad High Court directs Uttar Pradesh to provide criminal history of accused on dedicated web portal

The Allahabad High Court recently directed the Principal Secretary (Home) and Director General of Police, Uttar Pradesh to take necessary steps to ensure that criminal history of accused persons is available in one stroke on a dedicated web portal [Bal Kumar Patel Alias Raj Kumar v State of UP]..A bench of Justice Samit Gopal passed the directions while denying anticipatory bail to former MP Bal Kumar Patel alias Raj Kumar in a cheating case." 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. If the same is not updated or is non functional, it is a matter of concern," the Court observed.The Court also directed that authorities should fix responsibility on the person responding in court(s) through instructions, reply or affidavit if such person fails to disclose the entire criminal history of the accused..During the hearing, bench noted that there were discrepancies in a counter affidavit filed by sub-inspector on behalf of the State, wherein it was initially mentioned that accused Bal Kumar had no criminal history. However, the counsel for the first informant objected to this and informed Court that the accused had a criminal history of 11 cases..Subsequently, when Court took cognizance and sought a personal affidavit of the Superintendent of Police, Banda, the bench noted that affidavit disclosed that the applicant had a criminal history of 27 cases including the present case.The Court observed that the manner in which the above fact emerged and that too only when the counsel for the first informant pointed out the same, was a matter of concern..Therefore, the Court directed the Principal Secretary (Home), Government of Uttar Pradesh, and the Director General of Police, Government of Uttar Pradesh to look into this issue and do the needful and also take up the issue at their level for having the details of the criminal history of a person at one stroke.Advocate Satya Dheer Singh Jadaun represented Bal Kumar while State was represented by Advocates Sanjay Kumar Singh and Jitendra Prasad Mishra..[Read Order]