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FARJAND ALI
Anandpaal Singh, S/o. Shri Samundra Singh – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
(Farjand Ali, J.)
1. This criminal misc. petition under Section 482 Cr.P.C. hasbeen preferred claiming the following reliefs:
2. Brief facts of the case as are that present petitioner has been informed by the police station anadara district sirohi that a historysheet has been opened against the present petitioner on account of registration of several cases against him then present petitioner approach to the respondent department and sought the copy of the order historysheet as well as relevant documents but respondent department turned down the request of the present petitioner through his counsel submitted an application under right to information act 2005 and sought the copy of relevant documents as well as details of cases pending against the present petitioner then respondent department sent a detail reply through order dated 20/07/2021 and informed that the historysheet has been opened against the present petitioner and which is still operating in police station anadara but
The criteria for maintaining a history-sheet require either three convictions or more than ten cases against an individual, irrespective of outcomes.
The court established that a history-sheet can only be maintained if a person has three convictions or more than ten cases against them, subject to judicial scrutiny.
A history sheet can only be sustained if an individual has three consecutive convictions or more than ten cases, with specific conditions regarding the age of convictions.
A history-sheet can only be maintained if a person has three convictions or more than ten cases, irrespective of outcomes; the petitioner did not meet these criteria.
A history sheet can only be maintained if a person has three consecutive convictions or more than ten cases, subject to judicial scrutiny.
A history sheet can only be sustained if a person has three convictions or more than ten cases, with specific conditions regarding the age of cases.
A person cannot be labeled a habitual offender unless they have three convictions, and police must adhere to legal standards when opening history sheets to protect fundamental rights.
A person has to have three cases of convictions which would bring him within domain of definition of “Habitual Offender.”
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