Pravin v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.15635 of 2021
1. Pravin
2. Prabhu ... Petitioners/Accused
Versus
State represented by Inspector of Police, G1 Veppery Police Station, Chennai.
(Crime No.927 of 2013) ... Respondent/Complainant PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Inspector of Police, Veppery Police Station, the respondent herein to remove the names of the petitioners, namely Praveen, Prabu from the History Sheet kept and maintained by the Inspector of Police, Veppery Police Station and encroaching into the petitioner's liberty without any rhyme or reason.
For Petitioner :
Mr.R.T.Vijayaraghavan For Respondent :
Mr.R.Vinoth Raja, Government Advocate (crl.side) *****
ORDER
The petitioners, who are named as History Sheeter in H.S.No.12 of 2014 and 13 of 2014, has filed this petition to remove their name from the History sheet.
2. The contention of the petitioners is that the petitioners are brothers and two cases have been registered against them in Crime No.927 of 2013 for the offences under Section 120(B), 109, 302 r/w 34 IPC and Crime No.956 of 2013 for the offences under Section 341, 395, 294(b), 506(2), 427 of IPC. In both the cases, charge sheet filed and the same has been taken on file as S.C.Nos.279 of 2014 and 278 of 2014. Both the cases have
been tried by the VII Additional Sessions Judge, Chennai and finally, both the cases ended in acquittal on 05.11.2015 and 20.11.2015. Thereafter, no appeal has been filed by the prosecution and the petitioners have also not come under adverse notice of the respondent police or any other police. But still the petitioners' names had not been removed from the History Sheeter List. Further, for the forth coming Municipal Election, the petitioners are intending to contest. Except these cases, the petitioners are qualified and they have good reputation.
3. The Learned Government Advocate (crl.side) submitted that two cases had been registered against the petitioners in S.C.Nos.278 of 2014 and 279 of 2014 and both the cases were ended in acquittal. Thereafter, no appeal has been preferred against the petitioners, and as on date, no case is pending as against them. He further submitted that the representation has been sent to the Inspector of Police, Vepery Police Station on 24.08.2021 and the representation to remove the name of the petitioners from the history sheet to be made before the Deputy Commissioner of Police, Kilpauk who is the appropriate authority.
4. Considering the same, this court directs the petitioners to make representation to the Deputy Commissioner of Police, Kilpauk along with necessary documents, if any they rely upon and thereafter, the Deputy Commissioner of Police, Kilpauk to pass appropriate orders, preferably, within the period of two months from the date of the representation made by the petitioners.
5.With the above directions, this Criminal Original Petition is disposed of.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar MRP/MPL To
1. The Inspector of Police, G1 Veppery Police Station, Chennai.
2. The Public Prosecutor, High Court, Madras.
Copy To:- The Deputy Commissioner of Police, Kilpauk, Chennai.
+1 cc to Mr.Vijayaraghavan, Advocate SR.No.48178 CRL.O.P.No.15635 of 2021 MG (CO) TE (28/09/2021)