KESHAR KHICHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this petition under section 482 Code of Criminal Procedure, 1973 seeking quashing of the opening of the history-sheet against him by police of Police Station Udyog Nagar, District Sikar.

(2.) Learned counsel for the petitioner has submitted that to open a history-sheet against an individual, the first essential ingredient was that the person should have been convicted twice or more with regard to the offences mentioned in Rule 8.22 of the Rajasthan Police Rules, 1965 (hereinafter referred to as 'the Rules'). Fifteen cases were registered against the petitioner. Out of the said cases, one case was under Section 279 Indian Penal Code, 1860, wherein petitioner was sentenced to pay fine to the tune of Rupees hundred. In three cases, petitioner has been ordered to be released on probation, whereas in the remaining cases, petitioner has been acquitted. Hence, the name of the petitioner was liable to be deleted from the Surveillance Register No. 8.

(3.) Learned State Counsel, on the other hand, has opposed the petition and has submitted that the petitioner was a habitual offender as fifteen criminal cases had been registered against him. Rule 4.4 of the Rules reads as under:-