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2023 Supreme(Raj) 364

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Sanjay – Appellant
Versus
State And Ors. - Respondent
S.B. Criminal Misc(Pet.) No. 792 of 2016, With S.B. Criminal Misc(Pet.) No. 1036 of 2012, S.B. Criminal Misc(Pet.) No. 789 of 2014, S.B. Criminal Misc(Pet.) No. 2766 of 2014, S.B. Criminal Writ Petition No. 41 of 2015, S.B. Criminal Misc(Pet.) No. 2292 of 2016, S.B. Criminal Misc(Pet.) No. 3834 of 2016, S.B. Criminal Misc(Pet.) No. 698 of 2017 , S.B. Criminal Misc(Pet.) No. 711 of 2017, S.B. Criminal Misc(Pet.) No. 3303 of 2017, S.B. Criminal Misc(Pet.) No. 3927 of 2017, S.B. Criminal Misc(Pet.) No. 4016 of 2017, S.B. Criminal Misc(Pet.) No. 4022 of 2017, S.B. Criminal Misc(Pet.) No. 4581 of 2018
Decided on : 23-01-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. RS Choudhary. Mr. Vikas Bijarnia. Mr. Vipin Makkad. Mr. Chandra Mohan Sharma. Mr. Shreyash Ramdev. Mr. Amardeep Lamba. Mr. Mohd. Rasheed. Mr. Sumer Singh Rathore. Mr. Pravin Vyas. Mr. Hardik Gautam
For the Respondent: Mr. MA Siddiqui, assisted by Mr. AR Malkani.

Point of Law: A person has to have three cases of convictions which would bring him within domain of definition of “Habitual Offender.”

Headnote:

Criminal Procedure Code, 1973 - Section 151, 110 - National Highways Act, 1956 - Section 283, 143, 8A – Indian Penal Code, 1860 - Sections 324, 336, 337, 341, 323, 147, 452, 332, 353 - Rajasthan Habitual Offenders Act, 1953 - RPGO Act - Section 13 – Habitual Offender- History-sheet be quashed - Prayed history sheet opened against petitioner be quashed and set aside – Petitioners were declared as history sheeter, which is valid in eye of law - Para 5.

Finding of the Court:

If there are three consecutive convictions against such person, or such an entry in history sheet/surveillance register shall not be interfered with, if a person is having more than 10 cases, in totality, against him, irrespective of result - If a person suffers from any of above disqualifications, then he shall be disentitled from claiming relief against being declared as a history-sheeter - Respondents are directed to strike out name of petitioners in said petitions from history-sheet maintained at concerned police station while quashing impugned orders passed by concerned Superintendent of Police alongwith entire proceedings pursuant thereto are quashed.

Result: Petitions allowed.

JUDGMENT :

1. Since the bone of contention in the present case is common, namely, the order(s) of the concerned Superintendent of Police, regarding opening of the History-sheet/entry of the name in the surveillance register, alongwith the entire proceedings pursuant thereto, against the present petitioners, therefore, this Court deems it appropriate to set out the prayer clauses and the factual matrix of the cases individually, as pleaded in the respective petition, as under:

1.1 S.B. Criminal Misc(Pet.) No. 792/2016 has been preferred claiming the following reliefs:

“It is, therefore, respectfully prayed that this Misc. Petition may kindly be allowed and the name the petitioner be ordered to be deleted from the surveillance register so been maintained by the respondents in accordance with order Dt. 11.8.2015 passed by the Superintendent of Police, Sri Ganganganar. Any other appropriate relief which, this Hon’ble Court deems fit and proper may kindly be passed in favour of the petitioner.”

1.1.1 The details of cases registered against the petitioner in this petition are as under:

S.No.

Case No.

Offence(s)

Result

1.

258/08

Section 13 RPGO Act

Conviction

2.

158/08

Section 13 RPGO Act

Conviction

3.

453/08

Section 13 RPGO Act

Conviction

4.

539/08

Section 13 RPGO Act

Conviction

5.

225/11

Section 13 RPGO Act

Conviction

6.

437/11

Section 13 RPGO Act

Conviction

7.

 

94/12 Section 13 RPGO Act

Conviction

8.

245/12

Section 13 RPGO Act

Conviction

9.

 

Section 151 Cr.P.C

Bound

10.

 

Rajasthan Control of Goondas Act

Conviction

11.

 

Section 110 Cr.P.C.

Bound

12.

435/15

Section 283, 143; Section 8A National Highways Act

Pending Trial

1.2 S.B. Criminal Misc(Pet.) No. 1036/2012 has been preferred claiming the following reliefs:

It is therefore, humbly prayed that this misc. petition may kindly be allowed; the order dated 6.3.2012 passed by the District Superintendent of Police, Bikaner may kindly be quashed. Any other appropriate relief which this Hon’ble Court deems fit a necessary in the fact and circumstances of the present case may be granted in favour of the petitioner.”

1.2.1 The details of cases registered against the petitioner in this petition are as under:

S.No.

FIR/Case No.

Offence(s)

Result

1.

81/1991

Sections 324, 336, & 337 IPC

F.R.

2.

25/1996

Sections 341 & 323 IPC

Acquittal

3.

109/1999

Sections Section 147, 452, 332, & 353 IPC

Conviction

4.

74/2001

Sections 307, 323, 324, 382, 447 & 34 IPC

Acquittal

5.

102/03

Sections 451, 307, 332, 352, 353, 323, 147, 148 149 IPC; Section 3 PDPP Act

Case Withdrawn

6.

51/04

Sections 341 and 323 IPC

F.R.

7.

45/06

Sections 307, 452, 382, 427, 323, 147, 148, & 149, IPC

Acquittal

8.

97/08

Sections 420 467, 468, 471, 454, 380, & 120-B IPC

F.R.

9

135/09

Sections 323, 504, 353, & 34 IPC

Pending

10.

16/12

Sections 457 and 380 IPC

F.R.

11.

17/12

Sections 283, 143, & 380 IPC

Pending

1.3 S.B. Criminal Misc(Pet.) No. 789/2014 has been preferred claiming the following reliefs:

“It is, therefore, prayed that miscellaneous petition may kindly be allowed and the history-sheet opened against the petitioner may kindly be quashed and set aside and all proceedings taken against the petitioner may kindly declared illegal and be quashed and set aside.”

1.3.1 The details of cases registered against the petitioner in this petition are as under:

S.No.

Case No.

Offence(s)

Result

1.

24/04

Sections 458, 307 & 323 IPC

Compromise

2.

7/06

Sections 147, 148, 149, 323, & 302 IPC

Pending Trial (tSj Vªk;y)

3.

81/08

Section 3/25 Arms Act

Proceedings dropped 12.06.09, ACJM, Nagaur

4.

102/10

Sectio

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