Allowed

Yogesh @ Pintu S/O Shri Ramesh Chand v. State of Rajasthan

Rajasthan HC23 Feb 2024CRLW/49/2023

Case brief

AI extract

What is this about?

This Criminal Writ Petition challenged an order opening the petitioner's history sheet and adding his name to the surveillance register. The High Court allowed the petition, observing the petitioner lacked the required convictions to be classified as a habitual offender under the relevant state rules.

What did the court decide?

The order dated 23.03.2007 directing the opening of the history sheet is set aside and quashed. Respondents to remove the petitioner's name from the surveillance register and official website within t

Yogesh @ Pintu S/O Shri Ramesh Chand Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2024)

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[2024:RJ-JP:12114]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Writ Petition No. 49/2023

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Yogesh @ Pintu S/o Shri Ramesh Chand, Aged About 47 Years, R/o 8/312, Vidhyadhar Nagar, Jaipur (Raj)

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----Petitioner

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Versus

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State Of Rajasthan, Through The D.g.p. Rajasthan Police Police Headquarter, Lal Kothi, Jaipur Metropoliton, Jaipur.

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D.C.P. ( North) Jaipur Metropoliton, Jaipur. 3. S.h.o. P.s. Vidhyadhar Nagar ( North), Jaipur Metropoliton, Jaipur.

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----Respondents

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For Petitioner(s)	: Dr.	Mithlesh Kumar
	Mr.	Umesh Vyas
	Mr.	Sushil Pujari
For Respondent(s)	: Mr.	M.K. Sheoran, PP

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HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

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Order

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23/02/2024

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Heard.

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The instant misc. petition under Section 482 Cr.P.C has been filed by the petitioner challenging the order dated 23.03.2007 passed by respondent Police Department directing opening of history sheet of the petitioner being contrary to the provisions of the Rajasthan Police Rules. The petitioner has also prayed for removal of his name from the history-sheet/surveillance Register as well as from the official website of the police department.

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Brief facts of the case are that on 14.03.2007, the SHO PS Vidhyadhar Nagar (North), Jaipur Metropolitan, respondent No.3 herein sent a letter to Superintendent of Police, Jaipur Metropolitan North, seeking permission for opening history sheet

[2024:RJ-JP:12114]

[CRLW-49/2023]

(2 of 3)

of the petitioner. It was averred in the application that the petitioner is habitual offender and he is involved in as many as 16 cases. The SHO PS Vidhyadhar Nagar sent the said letter via Circle Officer, Circle Vishwakarma Jaipur North. A list of sixteen cases was also annexed with the letter dated 14.03.2007. Vide order dated 23.03.2007, history-sheet of the petitioner was directed to be opened. Hence, this misc. petition.

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Learned counsel for the petitioner submits that till date, out of total sixteen cases, the details whereof is annexed with the letter dated 14.03.2007, the petitioner has been convicted only in one case (FIR No.40/98) for offences under Sections 323 and 341 IPC but in that case too, he has been given benefit of Section 4 of the Probation of Offenders Act. Learned counsel further submits that rather, in two cases, the petitioner has been acquitted by the court concerned and in three cases, the complainant and the petitioner have resolved their disputes on the basis of mutual compromises and as such, in those three cases also, he has not been convicted at all. While referring the provisions of Section 2A of the Rajathan Habitual Offenders Act, 1953, which provides definition of "habitual offender", learned counsel submits that the petitioner is neither a habitual offender nor he is habitual receiver of stolen property. He thus, submits that the provisions of Rajasthan Police Rules do not empower the respondents to direct opening of the history sheet against the petitioner. In support of his contention, learned counsel places reliance upon the cases of (1) Shyam Lal vs State of Rajasthan reported in 2012(3) Cr.L.R. 1325 & (2) Pankaj Charan vs State of Rajasthan reported in 2015 Manu (Rajasthan High Court) 68.

[2024:RJ-JP:12114]

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(3 of 3)

Per contra, learned Public Prosecutor has opposed the prayer of the petitioner's counsel and contends that looking to the past history and criminal antecedents, the respondent Police Department has ordered to open history-sheet of the petitioner. He thus prays that the powers of this Court under Section 482 Cr.P.C. do not deserve to be exercised for quashing the order dated 23.03.2007.

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In view of above facts, it is apparent that as per sub-para 3(a) of Rule 4.4 of the Rajasthan Police Rules, 1965, the essential requirement regarding the existence of two or more convictions for the offences enumerated in Rule 8.22 has not been satisfied. Admittedly, till date, the petitioner has been convicted only in one case (No.40/98 PS Vidhyadhar Nagar) and in that case too, he has been given benefit of Probation of Offenders Act.

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Having considered the submissions made on behalf of the respective parties and the material available on record and in the light of the view expressed by this Court in the aforesaid cases, the misc. petition is allowed and the order dated 23.03.2007 passed by respondent Police Department is set aside. The historysheet, opened if any, in pursuance of the order dated 23.03.2007 is hereby quashed. The respondents are directed to remove the name of the petitioner from the surveillance register as well as from the official website of the police department within two months from today.

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(ANIL KUMAR UPMAN),J

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GAUTAM JAIN /70

Yogesh @ Pintu S/O Shri Ramesh Chand v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Yogesh @ Pintu S/O Shri Ramesh Chand v. State of Rajasthan

Case brief

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