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2015 Supreme(Raj) 972

PRASHANT KUMAR AGARWAL
Suraj Prakash Meena – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:S.K. Jain, Advocate.
For the State : Prakash Thakuriya, Public Prosecutor.

JUDGMENT :

Prashant Kumar Agarwal, J.

Heard the learned counsel for the parties.

2. The question for determination in this criminal miscellaneous petition filed u/s 482 Cr.P.C. is whether the order dated 12.6.2011 issued by the Deputy Commissioner of Police (East), Jaipur, directing to open history-sheet of the petitioner, being against the provisions of the Rajasthan Police Rules is liable to be quashed and set aside and his name is required to be removed from the history-sheet/surveillance register maintained at Police Station Pratap Nagar, Jaipur. From the material made available on record, it appears that the name of the petitioner was entered in the surveillance register maintained by the above police station in compliance of the order dated 12.6.2011. As per latest report dated 13.7.2015 prepared by the SHO, Police Station Pratap Nagar, Jaipur (East) as many as 80 criminal cases were registered against the petitioner between 1986 and 2008 but it is an admitted fact that till date in none of the cases the petitioner has been convicted. It is the case of the petitioner that he neither a habitual offender within the meaning of the Rajasthan Habitual Offenders Act, 1953 nor he is ha







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