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

[ 1 ]

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR

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

CRIMINAL MISC. (PET.)(CRLMP) NO.3308 of 2015

Shankar lal S/o Shri Rama Kishan Ji, Resident of Dara

Ki Dhani, Ren, Tehsil Merta, District Nagaur

….Petitioner

VERSUS

The State of Rajasthan through Station House Officer,

Merta Road.

...Respondent

Date of Order

::

August 30, 2016

HON'BLE MR. P.K. LOHRA, J.

Mr.Vishal Sharma, for the Petitioner.

Mr.V.S.Rajpurohit, Public Prosecutor for the State.

O R D E R

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

REPORTABLE

BY THE COURT (ORAL):

Petitioner has laid this misc. petition under

Section 482 Cr.P.C. to

assail the impugned order

dated 12.08.2015 passed by Executive Magistrate

(Tehsildar), Merta, District Nagaur (for short, ‘learned

Executive Magistrate’) passed in Criminal Case

No.71/2015 and has further prayed for quashing the

entire proceeding of the aforesaid criminal case.

[ 2 ]

2.

Succinctly stated the facts of the case are

that SHO, Police Station Merta Road submitted a

complaint against the petitioner under Section 110

Cr.P.C. stating therein that he is residing within the

jurisdiction of the learned Magistrate and a habitual

offender. Highlighting the criminal activities of the

petitioner, it is pleaded in the complaint that activities

of recidivism of the petitioner is a cause of grave and

serious concern for the entire locality and therefore, it

is desirable to ask the petitioner to execute a bond with

sureties for maintaining peace and good behaviour.

Taking cognizance of the complaint, learned Executive

Magistrate issued bailable warrant against the

petitioner 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 recording its satisfaction about fulfillment

of the requirements for initiation of proceeding under

Section 110 Cr.P.C.

3.

On behalf of State, no formal reply to the

petition is submitted, however, a detailed report dated

16.08.2016 is submitted for consideration of the Court

which was sent by SHO, Police Station, Merta Road,

[ 3 ]

District Nagaur. In order to justify initiation of

proceeding under Section 110 Cr.P.C., SHO has made

an endeavour to highlight the conduct of the petitioner

and his alleged criminal activities to brand him habitual

offender. The details about the cases registered

against the petitioner and the outcome/status of these

cases is incorporated in the report which reads as

under:-

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