Vellaiyan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2019

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.32179 of 2014 Vellaiyan ...

Petitioner Vs 1.The State Represented by The Superintendent of Police, Perambalur District, Perambalur.

2.The Inspector of Police, Perambalur Police Station, Perambalur District.

....

Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to pass an order of DIRECTION directing the respondent consider the representation of the petr dated 07/11/2014 to remove the petitioner name from the History sheet maintained by the Second Respondent herein to secure the ends of Justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr. C.Iyyapparraj, APP

ORDER

1.The present petition has been filed by the petitioner, praying to pass an order of Direction to consider the representation of the petitioner dated 07.11.2014 directing the respondent to remove the petitioners name from the History Sheet maintained by the second respondent herein to secure the ends of justice.

2.The learned counsel for the petitioner would submit that the petitioner filed the present petition seeking deletion of his name in the history sheet maintained by the Law Enforcement Agency. The learned counsel further would submit that if the petitioner does not come within the parameter of a History sheeter, then the respondent police may not consider his name and if the petitioner comes within the parameter, then the respondent police may decide in accordance with law.

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3.The learned Additional Public Prosecutor submitted a status report on behalf of the respondent has been filed stating that there are 18 cases pending against the petitioner. However the Law Enforcement Agency suggested that if the petitioner's name is deleted in the History Sheet, there will be a law and problem . Hence the learned Additional Public Prosecutor would pray this Court to dismiss the petition.

4.Considering the facts and circumstance of the case, I am inclined to issue a direction to the respondent to consider the petitioner's request, viz., if the petitioner's name does not comes within the parameter, then the respondent police may delete his name; otherwise, they may retain the petitioner's name in the History Sheet Enforcing the said exercise shall be completed within a period of six weeks from the date of receipt of copy of this order. 5.With the above direction this criminal original petition stands disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jrs To 1.The State Represented by The Superintendent of Police, Perambalur District, Perambalur.

2.The Inspector of Police, Perambalur Police Station, Perambalur District.

3.The Additional Public Prosecutor, Madras High Court-104.

Crl.O.P.No.32179 of 2014 NR(CO) CB(23/01/2020) https://hcservices.ecourts.gov.in/hcservices/