A.Ramesh v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2020

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN Crl OP.No.20184 of 2020 A.Ramesh

...Petitioner

Vs.

1. The Superintendent of Police, O/o The Superintendent of Police, Cuddalore District.

2. The Deputy Superintendent of Police, O/o, The Deputy Superintendent of Police, Thittakudi District.

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

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. to direct the respondents to remove the petitioner's name from the History sheet H.S.No.18/2009 maintaining by the 3rd respondent and other orders deem fit and necessary. For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent : Ms. M. Prabhavathi Additional Public Prosecutor

ORDER

The Criminal Original Petition has been laid by the petitioner seeking for a direction to the respondent to remove his name from the History sheet in H.S.No.18/2009 maintained by

the third respondent.

2. According to the petitioner, he has three daughters and leading a peaceful life without any hindrance and the respondent police had registered false cases against him in Crime Nos.404/1998 and 213/1998 and put him in prison and after the trial held in connection with the abovesaid crime numbers, he had been acquitted by the respective Judicial Magistrate Courts. Thereafter, no case has been registered against him for the past 22 years and he is having a good record and reputation in the society. While so, the respondent police called him to execute the surety bond under Section 110 Cr.P.C on the footing that his name is recorded in H.C.No.18/2009. It is the case of the petitioner that he sent a representation dated 11.05.2020 to the respondents seeking for removal of his name in the abovesaid History Sheet.

However, the same has not been considered by the respondents as per law. Further, it is also put forth that he has issued a legal notice also for the same relief on 18.05.2020 and no proper response had been received from the respondents, on the other hand, they had directed him to approach the Court for appropriate relief with reference to the same, hence, according to the petitioner, left with no other alternative, he has been necessitated to lay the 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 first respondent viz., The Superintendent of Police, Cuddalore District, 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. 18 of 2009 maintained by the third respondent 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. 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 11.05.2020, the same would meet the ends of justice.

5. In the light of the abovesaid factors, the Superintendent of Police, Cuddalore, is directed to consider the representation given by the petitioner dated 11.05.2020 seeking for the deletion of his name from the History Sheet in H.S.No.18 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.

6. Accordingly, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sms Copy to

1. The Superintendent of Police, O/o The Superintendent of Police, Cuddalore District.

2. The Deputy Superintendent of Police, O/o, The Deputy Superintendent of Police, Thittakudi District.

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

4. The Public Prosecutor, High Court, Madras. Crl OP.No.20184 of 2020 CO(NMI) BDL/19/01/2021