Disposed

Ajit Singh @ Ponchu S/O Shri Pratap Singh Chodhary B/C Jat v. State of Rajasthan

Rajasthan HC2 Feb 2024CRLMP/6025/2018

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition filed under Section 482 Cr.P.C., the petitioner challenged a history-sheet opened against him as a habitual offender, arguing violation of the Habitual Offenders Act and Police Rules. The court, noting the petitioner failed to file a representation to close the sheet and the delay of over ten years, did not quash the sheet.

What did the court decide?

Petition disposed of with liberty to petitioner to file representation before Superintendent of Police for closing the history-sheet.

Ajit Singh @ Ponchu S/O Shri Pratap Singh Chodhary B/C Jat Vs State of Rajasthan — Rajasthan HC (2024) — LawSathi Research

¶1

[2024:RJ-JP:5763]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 6025/2018

¶4

Ajit Singh @ Ponchu S/o Shri Pratap Singh Chodhary B/c Jat, Aged About 28 Years, R/o Gali No. 03 Sangam Vihar Colony, Jonsganj, Police Station Ramganj, Ajmer City, District Ajmer (Raj.)

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan, Through P.p.

¶8

Superintendent Of Police, Ajmer, Raj.

¶9

Dy. Superintendent Of Police, Circle Office Ramganj, Distt. Ajmer, Raj.

¶10

Station House Officer, Police Station Ramganj, Ajmer, Raj.

¶11

----Respondents

¶12

For Petitioner(s) : Mr. Anoop Pareek For Respondent(s) : Mr. B. L. Nasuna, PP

¶13

HON'BLE MR. JUSTICE SUDESH BANSAL Order

¶14

02/02/2024

¶15

By way of instant criminal Misc. Petition filed under Section 482 Cr.P.C., petitioner has prayed to quash and set aside the history-sheet opened against him and to issue a direction to respondents to delete the name of petitioner from the Surveillance Register No.8.

¶16

Counsel for the petitioner pointed out that vide order dated 23.10.2013, under instructions of the District Superintendent of Police, Ajmer, the history-sheet was ordered to be opened against the petitioner, whereas in all ten FIRs/reports lodged against the petitioner, he has been acquitted or negative final report by the police has been filed. He submits that the petitioner does not fall in parameters of the Section 2 (a) of the Rajasthan Habitual Offenders Act, 1953 (for short “the Act of 1953”), to declare him as “habitual offender” and the history-sheet opened against the petitioner is illegal and arbitrary as much as violative to Rule 4.4 of the Rajasthan Police Rules, 1965 (for

[2024:RJ-JP:5763]

[CRLMP-6025/2018]

(2 of 2)

short “Rules of 1965”), hence the history-sheet opened against petitioner has been prayed to be quashed.

¶21

Petitioner filed instant petition on 20.09.2018 i.e. after expiry of period of about five years when the history-sheet was ordered to be opened against him vide order dated 23.10.2013. Now, a period of about ten years is elapsed.

¶22

Counsel for the petitioner does not dispute that the petitioner has not filed any representation before the Superintendent of Police to close the history-sheet and has directly filed the instant petition before the High Court invoking the jurisdiction under Section 482 Cr.P.C., hence after arguing the petition, learned counsel does not press the petition and seeks liberty to file the representation before the Superintendent of Police.

¶23

Learned Public Prosecutor does not oppose that in case the representation is filed by the petitioner, same would be considered and decided in accordance with law.

¶24

In that view of matter, instant petition is disposed of with liberty to the petitioner to submit a representation before the concerned Superintendent of Police for closing the history-sheet.

¶25

It is hereby observed that in case any such representation is filed, the same shall be considered and decided by the Superintendent of Police expeditiously by a speaking order after adverting to the definition of Habitual Offenders Act as defined under Section 2(a) of the Act of 1953 so also after adhering to Rules 4.4 and 4.5 of Rules of 1965.

¶26

(SUDESH BANSAL),J

¶27

RONAK/209

Ajit Singh @ Ponchu S/O Shri Pratap Singh Chodhary B/C Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ajit Singh @ Ponchu S/O Shri Pratap Singh Chodhary B/C Jat v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Anmol S/O Shri Kailash, Vs State of Rajasthan

Deshraj Meena, Assistant Engineer Vs State of Rajasthan

Amit S/O Sh. Jagdish, Vs State of Rajasthan

Ramchandra Choudhary S/O Shri Badri Prasad, Vs State of Rajasthan

Parmeshwar Fagediya @ Pramod S/O Shri Birmaram Vs State of Rajasthan

Ankit Kumar S/O Shri Rajuram Vs State of Rajasthan