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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG
Rajmal Kala S/o Arjunram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the order dated 17.12.2015 passed by the Superintendent of Police, Nagaur directing to open the history sheet of the petitioner.
2. Learned counsel for the petitioner submits that total seven cases have been lodged against the petitioner, out of which, in two cases, the petitioner has been acquitted, in one case, FR has been filed by the police, one case is pending investigation and rest of the cases are pending trial. It is argued that the Superintendent of Police, Nagaur while acting in an arbitrary manner has ordered to open history sheet of the petitioner curtailing his right to life and liberty, therefore, the same may kindly be quashed and set aside.
3. Learned counsel for the petitioner has relied upon the following judgments rendered at Principal Seat as well as Jaipur Bench of this Hon’ble Court:
• Sohan Lal Vs. State of Rajasthan & Ors. 2015 (1) CriC(Raj) 316
• Babu Lal Vs. State of Rajasthan , 2006 (2) CriC(Raj) 1182
• Shyam Lal Vs. State of Rajasthan , 2012 (3) CrLR 1325
• Swaroop Singh Vs. State of Rajasthan & Ors. S.B. Civil Writ Petition No. 10993/2013
• Ramgopal Jain
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.
Where a person is not convicted in the cases pending against him, the entry of the name of the person from the surveillance register should be removed.
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 has to have three cases of convictions which would bring him within domain of definition of “Habitual Offender.”
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.”
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.
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