SABINA,J. - (1.) Petitioner has filed this petition under section 482 Code of Criminal Procedure, 1973 seeking quashing of the opening of the history-sheet against him by police of Police Station Udyog Nagar, District Sikar.
(2.) Learned counsel for the petitioner has submitted that to open a history-sheet against an individual, the first essential ingredient was that the person should have been convicted twice or more with regard to the offences mentioned in Rule 8.22 of the Rajasthan Police Rules, 1965 (hereinafter referred to as 'the Rules'). Fifteen cases were registered against the petitioner. Out of the said cases, one case was under Section 279 Indian Penal Code, 1860, wherein petitioner was sentenced to pay fine to the tune of Rupees hundred. In three cases, petitioner has been ordered to be released on probation, whereas in the remaining cases, petitioner has been acquitted. Hence, the name of the petitioner was liable to be deleted from the Surveillance Register No. 8.
(3.) Learned State Counsel, on the other hand, has opposed the petition and has submitted that the petitioner was a habitual offender as fifteen criminal cases had been registered against him. Rule 4.4 of the Rules reads as under:- "4.4 Surveillance Register No. 8 (1) In every police station, other than those of the railway police, a Surveillance Register shall be maintained in form 4.4(1). (2) In Part I of such register shall be entered the names of persons commonly resident within or commonly frequenting the local jurisdiction of the police station concerned, who belong to one or more of the following classes : (a) All persons who have been proclaimed under section 87, Code of Criminal Procedure, 1973. (b) All released convicts in regard to whom an order under section 565, Criminal Procedure Code, 1973 has been made. (c) All convicts the execution of whose sentence is suspended in the whole, or any part of whose punishment has been remitted conditionally under section 401, Criminal Procedure Code, 1973. (d) All persons restricted under Rules of Government made under section 8 of the Rajasthan Habitual Offenders Act, 1953. (3) In part II of such register may be entered at the discretion of the Superintendent: (a) Persons who have been convicted twice, or more than twice, of offences mentioned in rule 8.22; (b) persons who are reasonably believed to be habitual offenders or receivers of stolen property whether they have been convicted or not; (c) persons under security under sections 109 or 110, Code of Criminal Procedure, 1973; (d) convicts released before the expiration of their sentences under the Prisons Act and Remission Rules without the imposition of any conditions.";