Ramesh Babu v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.04.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Ramesh Babu ... Petitioner Vs.
1.The Superintendent of Police, Vellore District, Vellore.
2.The Deputy Superintendent of Police, Arcot Road, Near Kalainagal Petrol Bunk, Sathucachari, Venkatapuram, Vellore.
3.The State Rep by its Inspector of Police, South Police Station, Vellore District.
... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India pleased to issue a Writ of Certiorarified Mandamus, calling for the entire records in relating to the impugned history sheet in No.77 of 2023 quash the same and consequently directing the respondents to close the history sheet against the petitioner.
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For Petitioner : Mr.S.Ravichandran For Respondents : Mr.S.Udaya Kumar Govt. Adv. (Crl.Side) *****
ORDER
This Writ Petition has been filed to quash the impugned history sheet in No.77 of 2023 and consequently, to direct the respondents to close the history sheet against the petitioner.
2. The case of the petitioner is that, the petitioner had following previous cases :
S.
No.
Crime No.
Offence u/s 120 B, 302, 114, 109 & 506(ii) of IPC 147, 148, 294(b), 323, 324, 325 and 506(ii) of IPC 307 of 2011 & 775 of 2011 110 Cr.P.C 107 Cr.P.C.
During the pendency of the above case, the police inserted the petitioner's name in the history sheet and keeping it alive for the past 17 years, despite all the abvoe cases ended in acquittal, which is contrary to Page No.2 of 6
provisions of the police standing orders. Therefore, he made a representation to the respondents to remove his name in the history sheet on 19.10.2023, however the same was not considered. Hence, the present writ petition is filed.
3. Though larger relief is claimed by the petitioner in the above writ petition, however, the learned counsel appearing for the petitioner submits that, it would suffice, if this Court issues a direction to the respondents to consider the representation of the petitioner, dated 19.10.2023 and pass appropriate orders on merits and in accordance with law, within a specified period.
4. The learned Government Advocate (Crl.Side) appearing for the respondents has no serious objection for such an order being passed by this Court.
5. Considering the limited request made by the learned counsel for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's Page No.3 of 6
representation, dated 19.10.2023 in terms of 747 and 748 of Police Standing Orders and pass appropriate orders, on merits and in accordance with law, within a period of six (6) weeks from the date of receipt of a copy of this order.
6. Accordingly, this Writ Petition is disposed of. No costs. 01.04.2024 Index : Yes / No Speaking order / Non-speaking order NCC:Yes/No sp Page No.4 of 6
To 1.The Superintendent of Police, Vellore District, Vellore.
2.The Deputy Superintendent of Police, Arcot Road, Near Kalainagal Petrol Bunk, Sathucachari, Venkatapuram, Vellore.
3.The Inspector of Police, South Police Station, Vellore District.
4.The Public Prosecutor, High Court of Madras.
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M.DHANDAPANI, J.
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