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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
FARJAND ALI
Vijendra Sihag – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. This criminal misc. petition under Section 482 Cr.P.C. has been preferred claiming the following reliefs:
“It is, therefore, most repsectfully prayed on behalf of the petitioner that this Misc. petition may kindly be allowed and the impugned order dated 08.07.2016 passed by the Superintendent of Police, Sri Ganganagar may kindly be quashed and set aside and the SHO PS Ghamoodwali District Sri Ganganagar may kindly be directed to remove the name of the petitioner from history-sheet/surveillance register of PS Ghamoodwali District Sri Ganganagar.”
2. Brief facts of the case as placed before this Court by learned counsel for the petitioner are that on 07.07.2016, the SHO, Police Station Ghamoodwali, District Sri Ganganagar sent a letter to grant permission to open history-sheet of the petitioner pursuant to total 14 cases pending against him at that time. The Superintendent of Police, Sri Ganganagar upon receipt of the aforesaid application, passed the impugned order dated 08.07.2016, whereby permission was granted to open history sheet against the petitioner.
3. The details of cases registered against the petitioner in the District Sri Ganganagar are as under:
| S. No. | FIR No. Pol | ||
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 sustained if an individual has three consecutive convictions or more than ten cases, with specific conditions regarding the age of convictions.
A person has to have three cases of convictions which would bring him within domain of definition of “Habitual Offender.”
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.
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 sustained if a person has three convictions or more than ten cases, with specific conditions regarding the age of cases.
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 only be maintained if a person has three consecutive convictions or more than ten cases, subject to judicial scrutiny.
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