1. - The matter comes up on an application (CRLMA No.7/2015) for early listing of the case. The next date fixed in the case is 03.02.2015.

2. Learned counsel for the petitioner as well as learned Public Prosecutor are ready to argue the matter finally, hence, the application (CRLMA No.7/2015) for early listing of the case is disposed of and with the consent of both the counsels, the matter is heard finally.

3. This Criminal Misc. Petition has been filed by the petitioner under Section 482 Cr.P.C. being aggrieved with the existence of his name in the history-sheet of Police Station, Kotwali, District Barmer which was opened by the order of the Superintendent of Police, Barmer vide order dated 25.04.2006.

4. Learned counsel for the petitioner has submitted that name of the petitioner has entered into history-sheet on the ground that in four criminal cases, the police has filed charge-sheets against him. It is also informed by learned counsel for the petitioner that during the pendency of these charge-sheets, another criminal case was registered against the petitioner in the year 2008 for the offence punishable under Sections 342, 324 and 427 IPC. Learned counsel for the petitioner has submitted that though in all the five criminal cases, the charge-sheets have been filed against the petitioner, however, he has been acquitted in four cases and has been granted benefit of probation in one case by the competent criminal courts. It is further contended by learned counsel for the petitioner that after year 2008, no criminal case is registered against the petitioner and looking to the fact that out of five criminal cases registered against the petitioner, the petitioner has been acquitted in four cases and in one case he was granted probation, the continuance of name of the petitioner in history-sheet is illegal and a direction may be issued to the Superintendent of Police, Barmer to remove the name of the petitioner from the history-sheet.

5. Learned counsel for the petitioner has placed reliance upon the decisions of this Court rendered in Ibrahim Khan v. State of Rajasthan reported in 2006 Raj CANDID 1509 and Ramgopal Jain v. State of Rajasthan & Ors. reported in 2013(3) WLC (Raj.) 466 .

6. A reply to this Criminal Misc. Petition is preferred on behalf of the S.H.O., Police Station, Kotwali, District Barmer, wherein it is mentioned that name of the petitioner was entered in the Surveillance Register as per the direction given by the Superintendent of Police, Barmer because the petitioner is a habitual offender and as many as four criminal cases were registered against the petitioner and in all the criminal cases, he was charge-sheeted. It is also argued that even during the pendency of the history-sheet against the petitioner, one another criminal case was registered against him in the year 2008 and in that case also, he was charge-sheeted. Learned Public Prosecutor has contended that as there is no provision under Rajasthan Police Rules, 1965 to remove the name of the person from the historysheet/ surveillance register, the relief prayed for by the petitioner cannot be granted. However, learned Public Prosecutor has fairly conceded that in all those criminal cases, registered against the petitioner, the trial court has passed the final judgment and in four cases, the petitioner was acquitted, however, in one case, he was granted benefit of probation.

7. Heard learned counsel for the parties and perused the material available on record.

8. Rule 4.9 of the Rajasthan Police Rules, 1965 (hereinafter referred to as the 'Rules of 1965') provides for opening of the History sheets, reads as under:-

"4.9 History Sheets when opened. - (1) A history sheet, if one does not already exist, shall be opened in Form 4.9 for every person whose name is entered in the surveillance register, except conditionally released convicts.

(2) A history sheet may be opned by or under the written orders of a police officer not below the rank of Inspector for