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Madras High CourtCRL OP/18996/2021disposed of

Ramesh @ Bombay Ramesh v. The Superintendent Of Police,

2021-10-21Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.NO.18996 OF 2021 Ramesh @ Bombay Ramesh ... Petitioner

Versus

1. The Superintendent of Police, Office of the Superintendent of Police, Salem City, Line Medu, Salem - 6.

2. The Inspector of Police, Annadhanapatti Police Station, Salem District.

... Respondents PRAYER:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, directing the second respondent to remove his name from the list of History Sheet in H.S.No.792 of 2013 maintained by the second respondent herein viz., the Inspector of Police, Annadhanapatti Police Station, Salem District, by considering his representation dated 08.04.2021 forthwith.

For Petitioner :

Mr.T.Shanmugam For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the second respondent to remove his name from the list of History Sheet in H.S.No.792 of 2013 maintained by the second respondent herein viz., the Inspector of Police, Annadhanapatti Police Station, Salem District, by considering his representation dated 08.04.2021 forthwith.

2. The contention of the petitioner is that the petitioner was involved in Crime No.166 of 2013 and thereafter, the petitioner's name was included in the History Sheet list and assigned H.S.No.782 of 2013. After 2013, the petitioner had not come under the adverse notice of the petitioner and no case is pending as on today. After investigation, charge sheet filed and the case in Crime No.166 of 2013 was taken on the file of the Judicial Magistrate-cum-District Sessions Judge, Salem as S.C.No.244 of 2014 and after trial, the petitioner was acquitted from the case, by Judgment dated 23.06.2017. The respondent police at the odd hours knocked the doors of the petitioner and harassed him periodically, since he has been cited as a history sheet rowdy. The petitioner had sent a representation to the Commissioner of Police, Salem on 08.04.2021, till date no action has been taken. Hence, this petition is filed.

3. The learned Government Advocate (Crl.Side) appearing for the respondents Police would submit that the petitioner's representation dated 08.04.2021, has been received by the respondents police and the representation of the petitioner would be considered and thereafter, appropriate orders would be passed, as early as possible.

4. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing on behalf of the respondents police.

5. In view of the above, the Commissioner of Police, Salem is directed to consider the representation of the petitioner dated 08.04.2021, within a period of two months, from the date of receipt of a copy of this order and pass appropriate orders in accordance with law and communicate the same to the petitioner.

6. With the above direction, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ah To 1.

The Commissioner of Police, Salem.

2.

The Superintendent of Police, Office of the Superintendent of Police, Salem City, Line Medu, Salem - 6.

3.

The Inspector of Police, Annadhanapatti Police Station, Salem District.

4.

The Public Prosecutor High Court, Madras.

CRL.O.P.NO.18996 OF 2021 BR(CO) PBS/17/11/2021