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PUSHPENDRA SINGH BHATI
Sanjay – Appellant
Versus
State – Respondent
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:
1.1.1 The details of cases registered against the petitioner in this petition are as under:
A person has to have three cases of convictions which would bring him within domain of definition of “Habitual Offender.”
A person has to have three cases of convictions which would bring him within domain of definition of “Habitual Offender.”
A person's name cannot be maintained in a police surveillance register unless they have been convicted twice, as supported by past legal precedents and the Rajasthan Police Rules.
A history sheet can be opened or maintained under the Rajasthan Police Rules, 1965, based on a reasonable belief of habitual criminal addiction, regardless of formal conviction. The definition of 'ha....
The designation of an individual as a history sheeter must adhere strictly to procedural requirements, with due consideration given to acquittals and justification for surveillance, in accordance wit....
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