Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
KULDEEP MATHUR, J
Liyakat Shah – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This criminal misc. petition under Section 528 BNSS has been filed with a prayer that the impugned orders dated 10.10.2000 & 27.03.2006 passed by the Superintendent of Police, Bikaner directing opening and transfer of the history sheet of the petitioner be quashed and set aside.
2. Brief facts of the case as placed before this Court by learned counsel for the petitioner are that on 10.10.2000, the Station House Officer, P.S. Kotgate, District Bikaner, upon the application received from the Superintendent of Police, District Bikaner passed the impugned order, whereby the direction was given to open the history sheet against the petitioner.
3. The details of cases registered against the petitioner in the District Bikaner are as under:
| S. No. | FIR No. Police Station | Offence U/s | Police Station | Decision/ Result |
| 1. | 133/ 08.09.96 | 307, 147 and 120-B of IPC | Sadar | Acquitted due to lack of evidence on 27.04.2005 |
| 2. | 323/ 12.09.96 | 307, 323, 452, 506, 147, 148, 149 & 120-B of IPC | Sadar | Acquitted on the basis of compromise on 27.07.2011 |
| 3. | 247/ 31.08.2012 | 302, 323, 147, 148 & 149 of IPC | Kotgate | Acquitted on 10.07.08 |
| 4. | 45/ 30.01.95 | 323, 341, 147, 148, 149 of IPC | Sadar, Bikaner | FR accepted |
| 5. | 14/ 25.11.99 | 307, 324, 32 | ||
A history sheet can only be maintained if an individual has three convictions or more than ten cases, subject to specific conditions regarding the age of those cases.
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 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 sustained if a person has three convictions or more than ten cases, subject to specific time constraints on older cases.
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.
The criteria for maintaining a history-sheet require either three convictions or more than ten cases against an individual, irrespective of outcomes.
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 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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
