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2017 Supreme(Raj) 2132

SABINA
Ayub @ Ayub Ali – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Appellant : Mr. Pankaj Gupta.
For the Respondent: Mr. Jeetendra Shrimali.

ORDER :

Sabina, J.

1. Petitioner has filed this petition under section 482 Code of Criminal Procedure, 1973 seeking quashing of the opening of the history-sheet against him by police of Police Station Shastri Nagar, District Jaipur North.

2. Learned counsel for the petitioner has submitted that to open a history-sheet against an individual, the first essential ingredient was that the person should have been convicted twice or more with regard to the offences mentioned in Rule 8.22 of the Rajasthan Police Rules, 1965 (hereinafter referred to as ‘the Rules’). Five FIRs were registered against the petitioner. In two FIRs, negative final report was presented by the Investigating Agency, whereas in three other cases, petitioner has been acquitted. Hence the name of the petitioner was liable to be deleted from the Surveillance Register No. 8.

3. Learned State Counsel, on the other hand, has opposed the petition and has submitted that the petitioner is believed to be a habitual offender as five criminal cases were registered against the petitioner.

4. Rule 4.4 of the Rules reads as under:-






















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