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Madras High CourtCRL OP/15719/2020disposed of

M.Pachiappan v. The Superintendent Of Police,

2020-12-01Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.12.2020

CORAM:

THE HON'BLE MR.JUSTICE T.RAVINDRAN Crl.O.P.No.15719 of 2020 M.Pachiappan, ... Petitioner S/o, Mani, No.361, 9th Main Road, B-1, Block Alternative House, Neyveli, Cuddalore District.

-Vs1.The Superintendent of Police, ... Respondents Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, Neyveli, Cuddalore District.

3.The Inspector of Police, Kurinjipadi Police Station, Cuddalore District.

4.The Inspector of Police, Neyveli Town Police Station, Cuddalore District.

Criminal Original Petition filed under section 482 of Criminal Procedure Code, to direct the first and second respondent to remove the petitioner's name from the History Sheet Rowdy List in H.S.No.467 of 2006 pending on the file of the 4th respondent, based on his representation dated 18.09.2020 within the time frame.

For Petitioner : Mr.K.Gandhi Kumar For Respondents : Ms.M.Prabhavathi Additional Public Prosecutor

ORDER

The Criminal Original Petition has been laid by the petitioner seeking for a direction to the respondents 1 and 2 to remove his name from the History Sheet Rowdy List in H.S.No.467 of 2006 pending on the file of the fourth

respondent based on his representation dated 18.09.2020 within a particular time frame.

2. According to the petitioner, four cases laid against him by Kurinjipadi Police Station in Crime Nos.438/2004, 442/2001, 443/2001 and 168/2002, after full trial, he had been acquitted by the concerned courts. However, his name has been included in the history sheet rowdy list in H.S.No.467 of 2006 and the fourth respondent has also threatened that he would register the case against him under section 110 Crpc. It is further putforth that the petitioner is not involved in any other case and the case had been laid against him falsely by the fourth respondent police under section 110 Crpc. Hence, according to the petitioner, his name should not be included in the history sheet rowdy list and with reference to the same, he has given the representation on 18.09.2020 to delete his name from the history sheet rowdy list in H.S.No.467 of 2006 on the file of the fourth respondent. Inasmuch as, his representation had not been considered, according to the petitioner, he has been necessitated to prefer the Criminal Original Petition for appropriate relief.

3. At the time when the matter is taken up for hearing, though it is noted that the status report had been laid by the fourth respondent police, the Additional Public Prosecutor submitted that the proper authority to consider the representation of the petitioner is only the Superintendent of Police, Cuddalore District and accordingly putforth that a suitable direction may be given to the Superintendent of Police, Cuddalore District for the disposal of the representation given by the petitioner to remove his name from the history sheet rowdy list as per law.

4. The petitioner's counsel also submitted that it would suffice if a direction is given to the Superintendent of Police, Cuddalore District to consider his representation and pass appropriate orders in accordance with law.

5. In my considered opinion, if such a direction is given to the Superintendent of Police, Cuddalore District to consider the representation of the petitioner and dispose of the same in accordance with law, the same would meet the ends of justice.

6. In the light of the abovesaid reasons, the Superintendent of Police, Cuddalore District is directed to consider the representation given by the petitioner dated 18.09.2020 seeking for the deletion of his name from the history sheet rowdy list H.S.No.467 of 2006 on the file of the fourth respondent police and dispose of the same in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

7. Accordingly, the Criminal Original Petition is

disposed of.

-Sd/- Assistant Registrar (CS III) // True Copy // Sub Assistant Registrar mfa To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Deputy Superintendent of Police, Neyveli, Cuddalore District.

3.The Inspector of Police, Kurinjipadi Police Station, Cuddalore District.

4.The Inspector of Police, Neyveli Town Police Station, Cuddalore District.

5.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.15719 of 2020 SR.11 UM (14.12.2020)