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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Kaptan Singh S/o Shri Amar Singh – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1) |
| 2. arguments regarding habitual offender definition. (Para 2 , 3) |
| 3. rules governing history sheets and surveillance. (Para 4 , 5 , 6 , 7 , 8) |
| 4. legal standards for defining habitual offenders. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 5. conclusion quashing the history sheet order. (Para 15 , 16) |
| 6. final order disposing of applications. (Para 17) |
ORDER :
1. By way of filing the instant criminal writ petition, a challenge has been led to the impugned order dated 23.04.2025 passed by the Superintendent of Police, Bharatpur, by which history sheet has been ordered to be opened in terms of Rule 4.9 of the Rajasthan Police Rules, 1965 (for short ‘the Rules of 1965’) against the petitioner.
2. Learned counsel for the petitioner submits that in all, ten criminal cases were registered against the petitioner during different years, where in the FIR Nos.127/2024, 288/2024, 317/2024, 477/2024 and 518/2016 registered with the Police Station Bhusawar, the Final Report Negative was submitted. While in FIR No.46/2007, registered with the Police Station Weir, Bharatpur, the proceedings were quashed by this Court vide order dated 18.07.2017, while deci
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 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.
The criteria for maintaining a history-sheet require either three convictions or more than ten cases against an individual, irrespective of outcomes.
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