SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) 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.) 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, 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:- <JUDIMG>1641843-1</JUDIMG>