L.Arulnathan v. State By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.12.2020

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN Crl OP.No.20621 of 2020 L. Arulnathan S/o. Loorthunathan

...Petitioner

Vs.

1. The Superintendent of Police Kancheepuram District Kancheepuram

2. The Inspector of Police B.3 Kancheepuram Taluk Police Station Kancheepuram District

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to pass an order of direction, directing the first respondent to remove the name of the petitioner from the History Sheet maintained by the Inspector of Police, B.3, Kancheepuram Taluk Police Station, Kancheepuram District, by considering the representation of the petitioner dated 16.06.2020.

For Petitioner : Mr. R. Sankara Subbu For Respondents : Ms. M. Prabhavathi Additional Public Prosecutor

ORDER

The Criminal Original Petition has been laid by the petitioner seeking for a direction to the first respondent to remove his name from the History Sheet maintained on the file of the second respondent police by considering his representation dated 16.06.2020.

2. According to the petitioner, he is a law abiding citizen and also an Advocate by profession and a false election case was registered against him under Crime No.2 of 2012 on the file of the second respondent police and on that basis, the History Sheet has been opened against him. In such circumstances,

according to the petitioner he has submitted the representation to the District Collector with a copy to the first respondent on 16.06.2020 seeking for the deletion of his name from the History Sheet maintained by the second respondent and as his representation has not been considered by the first respondent, according to the petitioner, he has been necessitated to lay the Criminal Original Petition for appropriate reliefs.

3. At the time when the case is taken up for hearing, the Additional Public Prosecutor represented that the Superintendent of Police, Kancheepuram District, Kancheepuram, is the competent authority to dispose of the representation given by the petitioner seeking for the deletion of his name from the History Sheet maintained by the second respondent and accordingly submitted that the Court may direct the Superintendent of Police, Kancheepuram District, Kancheepuram, 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, Kancheepuram District, Kancheepuram to dispose of the representation given by the petitioner dated 16.06.2020 to the District Collector with a copy to the first respondent, the same would meet the ends of justice.

6. In the light of the abovesaid factors, the Superintendent of Police, Kancheepuram District, Kancheepuram, is directed to consider the representation given by the petitioner on 16.06.2020 to the District Collector with a copy to him, seeking for the deletion of his name from the History Sheet maintained by the second respondent police 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

To

1. The Superintendent of Police Kancheepuram District Kancheepuram

2. The Inspector of Police B.3 Kancheepuram Taluk Police Station Kancheepuram District

3. The Public Prosecutor, High Court, Madras Crl OP.No.20621 of 2020 RSV(CO) SP(11/01/2021)