MAHESH KUMAR Vs. STATE OF RAJASTHAN AND OTHERS

JUDGEMENT

(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.