KRISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the present petition under Sec. 482, Crimial P.C. the petitioner has prayed for quashing the opening of history-sheet against the petitioner by the police Station, Sadulshahar. While issuing notice in the petition, record of the Police Station, Sadulshahar regarding opening of the history-sheet as well as surveillance register was called. The S.H.O. was also directed to file affidavit with regard to pendency of cases against the petitioner.

(2.) In pursuance of the order of this Court, the police record has been submitted and affidavit has been filed by Rajender Singh, S.H.O., RS. Sadulshahar in para 3 whereof list of cases and their results are given, in all, 6 cases were registered against the petitioner in the years 1995 to 2001 out of which, in 3 cases, the petitioner was acquitted from the charges levelled against him. One case is pending since 2001 against him for offence allegedly committed under Sec. 3/4, R.RG.O. and, in another, the petitioner has been penalised with a fine of Rs. 50.00. In the sixth case, the petitioner was acquitted by the appellate Court. The deponent has specifically stated in the affidavit that the petitioner has criminal record and vigil is being kept on him under category 'B' of history-sheetors.

(3.) According to Sub-para 3(a), Rule 4.4 of the Rajasthan Police Rules, 1965 the Superintendent of Police has been given discretion to enter the name of a person of the categories mentioned in para 2, who has been convicted twice or more than twice for offences enumerated in Rule 822. In the case of petitioner, in 4 cases, he has been acquitted and in on case, the fine of Rs. 50.00 was imposed upon him. One case is pending against him. Thus the vigil contemplated against the petitioner apparently under the provisions of the said rules is not permissible in the facts and circumstances of the case.