Rajasthan High Court - Jaipur
Mukesh @ Siddarth vs State Of Rajasthan And Ors on 22 July, 2016
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S. B. CRIMINAL WRIT PETITION No.336/2015. : : Mukesh @ Siddarth Vs. State of Rajasthan & Ors. : : Date of Order : 22.07.2016 HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL Mr. Amit Dadhich, for the petitioner.
Mr. Anil Yadav, P. P. for the State.
Heard learned counsel for the parties.
The question for determination in this criminal writ petition filed under Section 482 Cr.P.C. is whether the order dated 3.3.2014 issued by the District Superintendent of Police, Bundi directing to open history-sheet of the petitioner, being against the provisions of 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, Hindoli. 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 dated 3.3.2014. As per the latest report dated 24.2.2014 prepared by SHO, Police Station, Hindoli A-Class History-Sheet file of the petitioner was opened. 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 was involved in the aforesaid cases and he has been falsely implicated by the police.
In support of the prayer made in the petition, learned counsel for the petitioner has relied upon the cases of Shyam Lal Vs. State of Rajasthan reported in 2012 (3) Cr.L.R. 1325, Pankaj Charan Vs. State of Rajasthan reported in 2015 Manu (Rajasthan High Court) 68 and the order dated 4.4.2014 passed by a Single Bench of this High Court in SB Criminal Misc. Petition No.3916/2012 (Ramgopal Jain Vs. State of Rajasthan & Ors.).
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 liable to be allowed.
Consequently, the criminal writ petition is allowed and the order dated 3.3.2014 issued by the District Superintendent of Police, Bundi is set aside and the respondents are directed to remove the name of the petitioner from the A-Class history-sheet/surveillance register maintained by the Police Station, Hindoli or any other Police Station within a period of seven days from today.
In view of the above, the stay application is disposed of.
(PRASHANT KUMAR AGARWAL),J.
A.Arora/-
Item No.82