M.N.BHANDARI,J. - (1.) By this writ petition, a challenge is made to the order dated 12.07.2014. By the aforesaid order, a direction has been given to open history-sheet of the petitioner.
(2.) Learned counsel for petitioner submits that a direction to open history-sheet has been given in ignorance of the Rajasthan Police Rules, 1965 (in short "the Rules of 1965"). As per Rule 4.4, history-sheet cannot be opened unless one is convicted on two or more occasions. In view of above, a direction to open history-sheet is illegal. It is moreso when conviction on two occasions can attract opening of history-sheet only when offence provided under Rule 8.22 of the Rules of 1965 has been committed. The petitioner has been convicted only on one occasion.
(3.) It is further stated that petitioner cannot otherwise be reckoned to be a habitual offender. The definition of "habitual offender" has been provided under the Rajasthan Habitual Offenders Act, 1953 (for short "the Act of 1953"). As per definition given therein, one can be considered to be a habitual offender, if sentenced or convicted on not less than three occasions and has attained the age of 18 years. In view of above, impugned order deserves to be set aside.;