A history sheet cannot be opened under the Rajasthan Police Rules, 1965, if the person does not meet the statutory definition of a 'habitual offender' under the Rajasthan Habitual Offenders Act, 1953, which requires at least three convictions within a five-year period.

Order

1. Heard.

2. The instant misc. petition under Section 482 Cr.P.C has been filed on behalf of the petitioner challenging the order dated 24.06.2024 passed by respondent No.3 Deputy Commissioner of Police (West) directing opening of history sheet against the petitioner being contrary to the provisions of the Rajasthan Police Rules.

3. Learned counsel for the petitioner submits that vide impugned order/communication dated 24.06.2024 passed by Deputy Commissioner of Police, Jodhpur West, direction for opening history-sheet of the petitioner has been issued. A perusal of the impugned order would reveal that such direction has been issued on the basis of his alleged previous involvement in drug trafficking and other criminal activities. It has been mentioned in the impugned communication that five criminal cases have been registered against him in different police stations at Jodhpur Commissionerate out of which, in three cases, challan has been filed in the court concerned whereas two cases are pending investigation. Learned counsel submits that it is apparent from the impugned order dated 24.06.2024 that in three cases, challan has been filed in the court concerned whereas two cases are pending investigation and thus, the petitioner has not been convicted in single case. Learned counsel for the petitioner submits that Rule 4.4 and Rule 4.9 of the Rajasthan Police Rules, 1965 provides for Surveillance Register and History Sheet when Opened. As per Rule 4.9 of the Rules of 1965; No.(1) a history sheet, if one does not already exist, shall be opened in Form 4.9 for every person whose name is entered in the surveillance register, except conditionally released convicts and No.(2) A history sheet may be opened by, or under the written orders of, a police officer not below the rank of Inspector for any person not entered in the surveillance register who is reasonably believed to be habitually addicted to crime or to be an aider or abettor such persons. While referring the provisions of Section 2(1)(a) of the Rajasthan Habitual Offenders Act, 1953, which provides definition of "habitual offender", learned counsel submits that the petitioner is not falling under the definition of Habitual Offender and thus, does not fall under Rule 4.4 and 4.9 of the Rules of 1965. He thus, submits that the provisions of Rajasthan Police Rules do not empower respondent Deputy Commissioner, Jodhpur West directing opening of the history sheet against the petitioner. In support of his contention, learned counsel places reliance upon the following cases:-

(1) Pankaj Charan vs State of Rajasthan reported in 2015 MANU/RH/0068/2015

(2) Ibrahim Khan Vs. State of Rajasthan reported in 2006 Raj CANDID 1509 and

(3) Ramgopal Jain Vs. State of Rajasthan & Ors. reported in 2013(3) WLC (Raj.) 466

4. Per contra, learned Public Prosecutor has opposed the prayer of the petitioner's counsel and contends that looking to the past history and criminal antecedents, the respondents have ordered to open history-sheet of the petitioner. He thus prays that the powers of this Court under Section 482 Cr.P.C. do not deserve to be exercised for quashing the order dated 24.06.2024. However, the contention of the petitioner's counsel that till date, the petitioner has not been convicted in a single case, has not been denied.

5. Rule 4.4 of the Rules of 1965 deals with Surveillance Register No.8 to be maintained in every police station in Form 4.4(1), which reads as under