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Madras High CourtCRL OP/6745/2016closed

K. Ramachandran, v. The Deputy Superintendent

2018-04-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.O.P.No.6745 of 2016 K.Ramachandran

...Petitioner

Vs 1.

The Deputy Superintendent of Police Kallakurichi Villupuram District.

2.

The Inspector of Police G5 Police Station Kachirayapalayam Villupuram District.

...Respondents

Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondents to remove the petitioner's name in the history sheet in the 2nd respondent police station. For Petitioner : Mr.V.Gunasekar For Respondents : Mrs.Kritika Kamal.P Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to direct the respondents to remove the petitioner's name in the history sheet list.

2. The learned Government Advocate (Crl. Side) submitted that there are 5 cases registered against the petitioner, which have been referred to in the communication, viz., Crime Nos.15/2013, 98/2013, 99/2013, 103/2013 and 81/2014, out of which, a case in Crime No.15/2013 has been closed as "Mistake of Fact"; a case in Crime No.98/2013 has ended in acquittal of the petitioner in SC.No.277/2017 on 02.11.2017; a case in Crime No.99/2013 has ended in acquittal of the petitioner in SC.No.582 of 2013 on 07.02.2018.

3. The learned counsel for the petitioner submitted that only two other cases, viz., Crime Nos.103/2013 and 81/2014 are pending against the petitioner and that both the cases are related to election dispute.

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4. It is the further case of the petitioner that he is an Office Bearer in Pattali Makkal Katchi and the cases are registered only due to election dispute and that he is not a professional rowdy.

5. In this case, a status report, that has been filed by the Deputy Superintendent of Police, Kallakurichi is dated 30.03.2016. After 2016, the petitioner has been acquitted in two other cases.

Therefore, this Court directs the Superintendent of Police to review the case of the petitioner and if it is found that the petitioner is not a professional rowdy element, it is needless to state that his name should be removed from the History Sheet.

6. With the above direction, this petition is closed. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar mk To 1.The Deputy Superintendent of Police Kallakurichi Villupuram District.

2.The Inspector of Police G5 Police Station Kachirayapalayam Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.V.GNASEKAR, Advocate, S.R.No. 28738 Crl.O.P.No.6745 of 2016 SKS(CO) TR(23/05/2018) https://hcservices.ecourts.gov.in/hcservices/