Sethuraja @ Elavalagan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2018

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.25445 of 2018 Sethuraja & Elavalagan ... Petitioner Vs.

1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Inspector of Police, Oragadam Police Station, Kancheepuram District.

... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent to consider the petitioner representation dated 25.09.2018 and remove the petitioner name in the HISTORY SHEET LIST on the file of 2nd Respondent police. For Petitioner : Mr.T.Arul For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for a direction to the second respondent to consider the representation made by the petitioner, dated 25.09.2018 and remove the name of the petitioner from the History Sheet List. 2.The learned counsel appearing for the petitioner would submit that the petitioner belongs to a political party and he is a social worker. The second respondent registered a case against the petitioner in Crime Nos.248 of 2011, 112 of 2013, 688 of 2013 and 81 of 2015.

3. A final report was filed after the investigation in Crime No.248 of 2011 and the same was taken on file in C.C.No.349 of

2012 by the District Munsif cum Judicial Magistrate, Sriperumbudur and the case itself ended in acquittal by judgment dated 25.03.2014.

4. The case in Crime No.688 of 2013 was also investigated and a final report was filed and the same was taken on file in C.C.No.140 of 2013, by the District Munsif cum Judicial Magistrate, Sriperumbudur. This case was also ended in acquittal on 10.04.2014.

5. The case in Crime No.81 of 2015 was also investigated and a final report was also filed in C.C.No.244 of 2015 before the District Munsif cum Judicial Magistrate, Sriperumbudur and the case ended in acquittal by judgment dated 11.12.2015. 6.Insofar as the case in Crime No.112 is concerned, the same is still in the stage of investigation.

7.The petitioner gave a representation to the second respondent on 25.09.2018, requesting the second respondent to remove the name of the petitioner from the History Sheet List and the same was not considered and therefore, the present petition has been filed seeking for a direction to the second respondent to consider the representation and pass appropriate orders.

8.The learned Additional Public Prosecutor, on instructions, would submit that the name of the petitioner continues to be shown in the History Sheet List maintained by the second respondent.

9.In the facts and circumstances of the case, there shall be a direction to the second respondent to consider the representation made by the petitioner dated 25.09.2018, in the light of the Police Standing Orders and also the judgment of this Court in in W.P.(MD)No.19651 of 2017, dated 26.09.2018, wherein this Court has given a specific guidelines with regard to dealing with the History Sheeter. The second respondent shall take a decision within a period of four weeks from the date of receipt of a copy of this order.

10.This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar

kal To 1.The Superintendent of Police, Kancheepuram District, Kancheepuram.

2.The Inspector of Police, Oragadam Police Station, Kancheepuram District.

3.The Public Prosecutor, Madras High Court, Chennai.

+1 cc Mr.T.Arul, Advocate Sr.No.81454 Crl.O.P.No.25445 of 2018 RGN(CO) CSL/14.12.2018