2015 Supreme(Raj) 1627
RAJASTHAN HIGH COURT AT JAIPUR BENCH
Prashant Kumar Agarwal, J.
Mahesh Kumar - Appellant
Versus
State of Rajasthan and others - Respondent
S.B. Criminal Misc. Petition No. 1862 of 2013.
Decided On : 25-05-2015
Advocates:
For the Petitioner:P.C. Devanda, Advocate.
For the Respondent: Prakash Thakuria, Public Prosecutor for State.
The lack of conviction and the petitioner's claim influenced the court's decision to quash the order and remove the petitioner's name from the surveillance register and website.
Headnote:
Rajasthan Police Rules - Criminal Misc.Petition - The court quashed the order directing to open history-sheet of the petitioner and required the removal of his name from the surveillance register and website.
Fact of the Case:
The petitioner's name was entered in the surveillance register due to pending criminal cases, but he had not been convicted. The petitioner claimed not to be a habitual offender or receiver of stolen property.
Finding of the Court:
The court allowed the petition, set aside the order, and directed the removal of the petitioner's name from the history-sheet/surveillance register and website.
Issues: Validity of the order to open history-sheet and maintain the petitioner's name in the surveillance register.
Ratio Decidendi: The court considered the lack of conviction, the petitioner's claim, and the provisions of the Rajasthan Police Rules in quashing the order and directing the removal of the petitioner's name.
Final Decision: The petition was allowed, and the order was set aside, leading to the removal of the petitioner's name from the surveillance register and website.
JUDGMENT
1. - The question for determination in this Criminal Misc.Petition filed under Section 482 Cr.P.C. is whether the order dated 2.1.2012 issued by the Superintendent of Police, District Jhunjhunu directing to open history-sheet of the petitioner-Shri Mahesh Kumar, being against the provisions of the Rajasthan Police Rules is liable to be quashed and set aside and his name is required to be removed from the historysheet/surveillance register maintained at Police Station Bagar (District Jhunjhunu) and also from the website maintained by the respondents.
2. From the material made available on record, it appears that the name of petitioner was entered in the surveillance register maintained by the above Police Station in compliance of the order dated 2.1.2012. As per the order dated 2.1.2012 as many as eight criminal cases were registered against the petitioner out of them investigation was pending in four cases. It is an admitted fact that till date the petitioner has not been convicted in any of the cases. It is the case of the petitioner that he neither habitual offender within the meaning of the Rajasthan Habitual Offenders Act, 1953 nor he is habitual receiver of stolen property.
3. Having considered the submissions made on behalf of the respective parties and the material made available on record and in the light of the view expressed by this High Court from time to time, the petition is allowed and the order dated 2.1.2012 issued by the Superintendent of Police, District Jhunjhunu is set aside and the respondents are directed to remove the name of the petitioner from the history-sheet/surveillance register maintained by the Police Station Bagar (District Jhunjhunu) or by any other police station as well as from their website within a period of seven days from today.
4. Consequently, the criminal misc.petition is allowed in the aforesaid manner. The stay application stands disposed of.Petition Allowed.
*******
Click Here to Read the rest of this document
Back
