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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE FARJAND ALI, J
Mani Lal Garasiya S/o. Sh. Dalji Garasiya – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. not a habitual offender (Para 4) |
| 2. opposed the submissions (Para 6) |
| 3. observes that for sustaining (Para 8) |
| 4. quashing the history sheet (Para 9 , 10) |
ORDER :
“It is therefore most humbly prayed that this Misc.petition may kindly be allowed:
• That by an appropriate order and direction be issued and the history -sheet file (Annexure-6)may kindly be quashed and set aside.
2. Brief facts of the case as placed before this Court by learned counsel for the petitioner are that the Superintendent of Police, Bikaner, upon a report dated 23.09.2022 received from the SHO, Police Station Arthuna, District Banwara passed an order to open the history sheet against the petitioner.
| Sl. No. | FIR No. Police Station District | Offence U/Sec. | Challan/ FR/Pending | Decision/ Result |
| 1. | 259/2006 Kalinjara Banswara | 324 IPC 146/199 of MC Act | 249 25.09.2016 | Pending Trial |
| 2. | 333/2009 Kotwali Pratapgarh | 3/25 of Arms Act | 266 23.11.2009 | Convicted |
| 3. | 119/2009 Piplakhund Pratapgarh | 366, 376, 365, 344 of IPC | 120 21.12.2009 | Acquitted |
| 4. | 137/2009 Piplakhund Pratapgarh | 224 of IPC | 96 29.10.2010 | Convicted |
| 5. | 76/2014 Arthuna Banswara | 447, 427, 507/34 of IPC | 58 06.06.2018 | Convicted vide order dated 25.04.2015 |
| 6. | 449/2018 Kotwali Banswara | 505, 188, 153-B |
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.
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 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.”
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.
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