Opening a police history sheet requires subjective satisfaction based on reasonable grounds and legal provisions; without convictions or evidence of being a habitual offender, such an order is arbitrary and violates Articles 14 and 21 of the Constitution.

Order

04/05/2026

1. The instant criminal misc. petition has been preferred for quashing the impugned order dated 29.05.2007 passed by the Superintendent of Police, Jaipur (South) by which an order has been passed for opening history sheet against the petitioner in terms of Rule 4.9 of the Rajasthan Police Rules, 1965 (hereinafter referred to as “the Rules of 1965”).

2. Learned counsel for the petitioner submits that till 2007, only five cases were registered against the petitioner, out of which the petitioner was convicted in one criminal case bearing No.230/2004 for the offences punishable under Section 420 and 120B IPC by the concerned Court vide judgment dated 25.05.2017, against which the Criminal Appeal bearing No.838/2017 was preferred and the same was allowed by the Court of the Additional Sessions Judge No.17, Jaipur Metropolitan, Jaipur and the judgment of conviction of the petitioner was set-aside. He submits that, as on date, the petitioner is not a convicted person, even then the order impugned has been passed, hence, interference of this Court is warranted.

3. Per contra, learned Public Prosecutor opposes the prayer and submits that the petitioner is a habitual offender against whom 12 criminal cases were registered between the year 1999 till 2017 and on the basis of such criminal history of the petitioner, impugned order was passed to open the history sheet against the petitioner, in terms of Rule 4.9 of the Rules of 1965, hence, under these circumstances, the respondent has not caused any illegality in passing the order impugned.

4. Heard and considered the submissions made at the Bar and perused the material available on the record.

5. Rule 4.9 of the Rules of 1965 provides for opening of the History sheets, and the same reads as under:-

“4.9 History Sheets when opened. - (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.

(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 the surveillance register who is reasonably believed to be habitually addicted to crime or to be an aider or abettor of such person.”

(3) The Government Railway Police will maintain the history sheet of criminals known or suspected to operate on the railway in accordance with Police Rule 4.8. They will open history sheets themselves for criminals living in railway premises, who have been absent from their original homes so long that the railway premises may be regarded as their permanent residence. They may also open history sheets for wandering strangers reasonably believed to be habitually addicted to crime on the railway, whose original homes cannot be traced.”

6. 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), and the same reads as under :-

“4.4 Surveillance Register No.8 – (1) In every police station, other than those of the railway police, a Surveillance Register shall be maintained in Form 4.4.(1).

(2) In Part I of such register shall be entered the names of persons commonly resident within or commonly frequenting the local jurisdiction of the police station concerned,