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Madras High CourtCRL OP/21970/2021disposed of

S.Sarfuden v. The Superintendent Of Police

2021-11-26Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.11.2021

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.21970 of 2021 Mr.S.Sarfuden

...Petitioner

-Vs1.The Superintendent of Police, Tirupur District, Tirupur.

2. The Deputy Superintendent of Police, Udumalpet, Tirupur District.

3. The Inspector of Police, Udumalpet Police Station, Udumalpet, Tirupur District.

... Respondents Prayer: Petition filed under Section 482 of Cr.P.C. to direct the respondents to direct the first respondent to remove the petitioner's name i.e.S.Sarfuden S/o Sikandar in History Sheets/K.D.Sheets/Rowdy Sheets, HS. No.764/2013 on the file of 3rd respondent police The Inspector of Police, Udumalpet Police Station, Udumalpet, Tirupur District.

For Petitioner : Mr.S.Saravanan For Respondents : Mr.R.Vinothraja Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to remove the petitioner's name i.e.S.Sarfuden S/o Sikandar in History Sheets/K.D.Sheets/Rowdy Sheets, HS. No.764/2013 on the file of 3rd respondent police The Inspector of Police, Udumalpet Police Station, Udumalpet, Tirupur District.

2.The petitioner made a representation on 06.08.2021, requesting the respondents to remove the name from the History Sheet. Since, the same was not considered, the present petition has been filed before this Court.

3.The case of the petitioner is that the the petitioner was arrested in the year 2010 with respect to Crime No.6761 of 2010 on the file of the third respondent police and after trial he was acquitted from all the charges. In the meantime, the 3rd respondent opened the History Sheet in H.S.No.764 of 2013. 4.The grievance of the petitioner is that the 3rd respondent continues to retain the name of the petitioner in the history sheet. The petitioner made a representation on 06.08.2021 to the respondents 1 and 2 to remove his name from the history sheet. Since the same was not considered, the present petition has been filed before this Court.

5.Heard the learned counsel for the petitioner and the learned counsel for Government (Criminal Side) appearing on behalf of the respondents.

6.Taking into consideration the facts and circumstances of the case and also the limited relief that has been sought for in this petition, there shall be a direction to the respondent concerned to consider the representation made by the petitioner on 06.08.2021 strictly in accordance with the guidelines issued by this Court in the case of Sabari vs. The Assistant Commissioner of Police, Madurai City and Others reported in 2018 4 MLJ Crl 585 and in the case of Thirumagan and Others Vs. The Superintendent of Police, Madurai District and Others reported in 2020 2 LW Crl 266 and take a decision, within a period of four months from the date of receipt of copy of this order. The petitioner is directed to make a fresh representation to the respondents 1 and 2 along with a copy of this order. 7.This Criminal Original Petition is disposed of with the above directions.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

arr To 1.The Superintendent of Police, Tirupur District, Tirupur.

2.The Deputy Superintendent of Police, Udumalpet, Tirupur District.

3.The Inspector of Police, Udumalpet Police Station, Udumalpet, Tirupur District.

4. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.21970 of 2021 pmk[co] srg 16/12/2021