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Madras High CourtCRL OP/19394/2020disposed of

Saravanakumaran v. The Superintendent Of Police

2020-12-09Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2020

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN Crl OP.No.19394 of 2020 Saravanakumaran

...Petitioner

Vs.

1. The Superintendent of Police Cuddalore District Cuddalore.

2. The Inspector of Police Ramanatham Police Station Cuddalore District. ...Respondents Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to pass an order of direction, directing the respondents to remove the history sheet in H.S.No.52 of 2009, on the file of Inspector of Police, Ramanatham Police Station, Cuddalore District.

For Petitioner : M. Velmurugan For Respondents : Ms. M. Prabhavathi Additional Public Prosecutor

ORDER

Seeking for a direction to the respondents to remove his name from the History Sheet in H.S.No.52 of 2009, on the file of the second respondent, the petitioner has laid this Criminal Original Petition.

2. According to the petitioner, he is a Doctor by profession and the second respondent police has put up a false case against him in the year 2009 and on that footing opened the History Sheet in H.S. No.52 of 2009 and in the guise of the same registered a case under Section 110 Cr.PC and insisting the petitioner to appear before the Revenue Authority without any basis and on account of the abovesaid factors, the petitioner is unable to concentrate in his profession and inasmuch as the History Sheet against him has been opened based on the basis of the false case laid in the year 2009, according to the

petitioner, his name should be deleted from the abovesaid History Sheet and further stated that in connection with the same, he has sent a representation on 10.11.2020 to the respondents. However, the same has not been considered and hence according to the petitioner he has been necessitated to lay this Criminal Original Petition for appropriate relief.

3. At the time when the case is taken up for hearing, the Additional Public Prosecutor represented that the Superintendent of Police, Cuddalore, is the competent authority to dispose of the representation given by the petitioner seeking for the deletion of his name from the History Sheet in H.S. No. 52 of 2009 and accordingly submitted that the Court may direct the Superintendent of Police, Cuddalore, to consider the representation preferred by the petitioner and dispose of the same in accordance with law within a specific time frame.

4. The counsel for the petitioner also represented that it would suffice if his representation is considered by the appropriate authority and orders passed as per law.

5. Considering the abovesaid factors in toto, I am of the considered view that in the fitness of things, if a suitable direction is given to the Superintendent of Police Cuddalore to dispose of the representation given by the petitioner dated 10.11.2020, the same would meet the ends of justice.

6. In the light of the abovesaid factors, the Superintendent of Police, Cuddalore, is directed to consider the representation given by the petitioner on 10.11.2020 seeking for the deletion of his name from the History Sheet in H.S.No.52 of 2009 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.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar bga

Copy to

1. The Superintendent of Police Cuddalore District Cuddalore.

2. The Inspector of Police Ramanatham Police Station Cuddalore District.

3. The Public Prosecutor, High Court, Madras Crl OP.No.19394 of 2020 NR(CO) SP(08/01/2021)