Rajasthan High Court - Jaipur
Suraj Prakash Meena vs State Of Rajasthan & Ors on 13 July, 2015
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH,JAIPUR. S.B. CRIMINAL MISC. PETITION No.2660/2015 Suraj Prakash Meena V/S State of Rajasthan & Ors. DATE OF ORDER ::: 13.7.2015 HON'BLE MR. JUSTICE PRASHANT KUMAR AGARWAL Shri S.K.Jain, for petitioner. Shri Prakash Thakuriya, Public Prosecutor.
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 dated 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 dated 12.6.2011. As per latest report dated 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 propery.
In support of the prayer made in the petition, learned counsel for the petitioner had relied upon the cases of Shyam Lal V/s State of Rajasthan reported in 2012(3)Cr.L.R. 1325, Pankaj Charan V/s State of Rajasthan report in 2015 Manu (Rajasthan High Court) 68 and the order dated 4.4.2014 passed by a Single Bench of this High Court in S.B. Criminal Misc. Petition No.3916/2012, Ramgopal Jain v/s The 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 allowed and the order dated 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.
(PRASHANT KUMAR AGARWAL),J.
CHAUHAN/52 All corrections made in the judgment/ order have been incorporated in the judgment/order being emailed.
Chauhan Sr.P.A