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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Manish Agarwal S/o Shri Harivallabh Agarwal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred for setting aside the order dated 04.04.2013 passed by the learned Superintendent of Police, Chittorgarh whereby history sheet of the petitioner was opened.
2. Brief facts of the case as placed before this Court by learned counsel for the petitioner are that on 04.04.2013 the Superintendent of Police, Chittorgarh, upon the application received from the Station House Officer, Police Station Senti Police Station, Chittorgarh passed the order, whereby the direction was given to open the history sheet against the petitioner.
3. The details of cases registered against the petitioner are as under:
| S. No. | First Information Report | Case No. Before the Ld. Court | Offence Under Sections | Decision/Result |
| 1. | FIR No. 222/2000 of Police Station Kotwali Chittorgarh | 353/2000 | U/s 341, 323 of IPC | Decided vide order dated 17.07.2001 |
| 2. | FIR No. 522/2004, of PS Kotwali Chittorgarh | 198/2005 | U/s 143, 341, 323 of IPC | Decided vide order dated 19.08.2005 |
| 3. | FIR No. 535/2006 of PS Kotwali Chittorgarh | 386/2006 | U/s 147, 149, 341, 323 of IPC | Acquited vide order dated 20.07.2010 |
| 4. | FIR No. 181/2007 of Police Station Kotwali Chittorgarh | 354/2007 | U/s 451, 323, | |
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 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 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 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 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.
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.
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