KAMAL KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal Misc. Petition has been filed for quashing the order dtd. 28/5/2015 passed by Superintendent of Police, Jaisalmer, whereby a direction was given for opening of the history sheet against the petitioner.

(2.) Heard learned counsel for the parties.

(3.) Learned counsel for the petitioner submits that opening of history sheet against a person is governed by Rajasthan Police Rules, 1965 (For short the "Rules of 1965") and the said Rules envisage a procedure to be adopted prior to opening of a history sheet. Learned counsel for the petitioner emphasizes that in the present case, the Rules governing the opening of the history sheet have not been adhered to. Learned counsel further submits that even a bare perusal of the order impugned dtd. 28/5/2015 shows that there is no application of mind to "reasonably believe" that the petitioner is a habitually addicted person to crime or aider or abettor of the crime. He, therefore, submits that on both these grounds, the order impugned dtd. 28/5/2015 is laconic and prays for quashing of the same.