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High CourtsSingle Bench(2015) 07 RAJ CK 0200

Suraj Prakash Meena vs State of Rajasthan and Others

Rajasthan High Court · Decided on 13 July 2015 · Citation: (2015) 4 WLN 240

HON’BLE JUDGES
Prashant Kumar Agarwal, J.
RESULT
Allowed
CASE NUMBER
Criminal Misc. Petition No. 2660/2015

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Judgment

4 paragraphs · 380 words

Prashant Kumar Agarwal, J.—Heard the learned counsel for the parties. The question for determination in this criminal miscellaneous petition filed u/s. 482 Cr.P.C. is whether the order dt. 12.6.2011 issued by the Deputy Commissioner of Police (East), Jaipur, directing to open history-sheet of the petitioner, 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 history-sheet/surveillance register maintained at Police Station Pratap Nagar, Jaipur. From the material made available on record, it appears that the name of the petitioner was entered in the surveillance register maintained by the above police station in compliance of the order dt. 12.6.2011. As per latest report dt. 13.7.2015 prepared by the SHO, Police Station Pratap Nagar, Jaipur (East) as many as 80 criminal cases were registered against the petitioner between 1986 and 2008 but it is an admitted fact that till date in none of the cases the petitioner has been convicted. It is the case of the petitioner that he neither a habitual offender within the meaning of the Rajasthan Habitual Offenders Act, 1953 nor he is habitual receiver of stolen property .

2.

In support of the prayer made in the petition, learned counsel for the petitioner had relied upon the cases of Shyam Lal v. State of Rajasthan, reported in 2012(3) Cr.L.R. 1325 , Pankaj Charan Vs. State of Rajasthan--> and the order dt. 4.4.2014 passed by a Single Bench of this High Court in S.B. Criminal Misc. Petition No. 3916/2012, Ramgopal Jain v. The State of Rajasthan & Ors.

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 in the aforesaid cases, the petition is allowed and the order dt. 12.6.2011 issued by the Deputy Commissioner of Police (East), Jaipur 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 Pratap Nagar, Jaipur or any other Police Station within a period of seven days from today. Consequently, the criminal miscellaneous petition u/s. 482 Cr.P.C. is allowed in the aforesaid manner.

The stay application also stands disposed of.