SOHAN LAL Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482 Crimial P.C. has been filed by the petitioner against the order dated 17.10.2013 whereby the Superintendent of Police, Bhilwara has directed the S.H.O., Police Station, Subhash Nagar, Bhilwara for opening history sheet against the petitioner.

(2.) Learned counsel for the petitioner has stated that the order impugned passed by the Superintendent of Police is without jurisdiction as the requirement of opening history sheet as provided in sub-para 3(a) of Rule 4.4 of the Rajasthan Police Rules, 1965 (hereinafter referred to as 'the Rules of 1965') has not been satisfied. It is submitted that essential requirement for obtaining history sheet regarding existence of two or more convictions for the offences enumerated in Rule 8.22 of the rules of 1965 is not satisfied. It is submitted by learned counsel for the petitioner that earlier also this Court in S.B. Criminal Misc. Petition No.2548/2012 decided on 11.12.2012 has ordered for quashing similar order dated 18.11.2012 passed by the Superintendent of police, Bhilwara whereby the direction was issued to same S.H.O. for opening history sheet against the petitioner.

(3.) Learned counsel for the petitioner has further submitted that after quashing of the order dated 18.11.2012, the petitioner has not been convicted in two or more cases for the offences enumerated in Rule 8.22 of the rules of 1965 and, therefore, the decision of Superintendent of Police, Bhilwara of opening history sheet against the petitioner is absolutely without jurisdiction and is liable to be quashed.