Advocates:
['VISHAL SHARMA', '', 'MAHIPAL CHARAN', 'PP']

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

--------------------------------------------------------------

CRIMINAL MISC. (PET.)(CRLMP) NO.2681/2014

Hari Prakash S/o Shri Rameshwar Lal, By Caste Jangid,

Resident of Bagawas, Tehsil Merta, District Nagaur

….Petitioner

VERSUS

The State of Rajasthan through Station House Officer,

Merta City.

...Respondent

__________________________________________

For Petitioners : Mr. Vishal Sharma.

For Respondents : Mr. M.S. Panwar, Public Prosecutor.

__________________________________________

HON'BLE MR. JUSTICE P.K. LOHRA

ORDER

16/12/2016

By the instant misc. petition under Section 482

Cr.P.C., petitioner has challenged the history sheet

opened in his name at Police Station, Merta City and for

seeking deletion of requisite entry from Surveillance

Register maintained at the said police station. Petitioner

has also craved for annulment of entire criminal

proceedings under Section 110 Cr.P.C. in Criminal Case

No.290/2014 – State Vs. Hari Prakash, pending before

( 2 of 11 )

[CRLMP-2681/2014]

learned Sub Divisional Magistrate, Merta, District Nagaur

(for short, ‘learned Executive Magistrate’) and order

dated 28.08.2014 passed in the case by learned

Executive Magistrate.

Succinctly stated, the facts of the case are that

SHO, Police Station, Merta City submitted a complaint

dated 27^th of August 2014 before learned Executive

Magistrate under Section 110 Cr.P.C. stating, inter-alia,

therein that petitioner is a notorious person in habit of

committing offences and his criminal activities are

increasing day by day as such for public safety and to

curb his illegal activities it is necessary to restrain him.

The complaint also mentions the details of criminal cases

launched against the petitioner including details the two

cases in which he is acquitted and one pending case

before ACJM Court, Merta. Highlighting the criminal

activities of the petitioner, it is pleaded in the complaint

that it is desirable to bound the petitioner by directing

him to execute heavy bond and sureties for maintaining

peace and good behaviour. Taking cognizance of the

complaint, learned Executive Magistrate issued bailable

warrant in the sum of Rs.10,000/- against the petitioner

for maintaining peace and tranquility for a period of one

( 3 of 11 )

[CRLMP-2681/2014]

year and thereupon, the petitioner has approached this

Court by invoking inherent powers of this Court.

For impugning action of the respondent, essentially,

the petitioner has pleaded that initiation of proceeding

against him is a glaring example of abuse of process of

the Court, inasmuch as, the complaint is not satisfying

the requirements envisaged under Section 2(a) of the

Rajasthan Habitual Offenders Act, 1953 (for short, ‘Act of

1953’). It is also urged in the petition that the Executive

Magistrate has acted mechanically without examining the

materials available on record and recorded its satisfaction

about fulfillment of the requirements for initiation of

proceeding under Section 110 Cr.P.C.

On behalf of State, reply to the petition is filed

reiterating the contents/insinuations of the complaint for

justifying the proceedings under Section 110 Cr.P.C. In

the return, respondent has asserted with full emphasis

that the SHO concerned while laying complaint before the

learned Executive Magistrate produced umpteen material

to highlight the conduct of petitioner and his alleged

criminal activities so as to brand him a habitual offender.

( 4 of 11 )

[CRLMP-2681/2014]

The details about the cases registered against the

petitioner and the outcome/status of these cases as

incorporated in the complaint dated 27.08.2014 reads as

under:-

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180@8&9&1996

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92@27&9&1996

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