Madras High CourtCRL OP(MD)/10368/2021disposed of

Kalimuthu v. The Superintendent Of Police

2021-08-02Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P(MD).No.10368 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G. ILANGOVAN Crl.O.P.(MD)No.10368 of 2021 Kalimuthu ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ambasamuthiram Range, Tirunelveli District.

3.The Inspector of Police, Kalladaikurichi Police Station, Tirunelveli District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent No. 1 and 2 to remove the name of the petitioner from the History sheet in H.S.No.136 of 2018 maintaining by the third respondent against the petitioner by considering the petitioner's representation dated 20.07.2021, within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents to remove the name of the petitioner from the record of history sheet.

2. The case of the petitioner is that during 2010 some false case has been registered against this petitioner and he was acquitted by the concerned Court. Thereafter, no criminal case was field against the petitioner. However, during 2018 History sheet was opened by the third respondent against the petitioner and it is still pending, which is against the Police Standing orders as well as the judgment of this Court. Hence, he sent a representation dated 20.07.2021 and the same was not considered so far. Hence, this petition.

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Crl.O.P(MD).No.10368 of 2021 3.The learned Additional Public Prosecutor would submit that the petitioner is involved in 21 previous cases and the representation made by the petitioner will be considered on merits. 4.Considering the facts and circumstances of the case, the respondents are directed to consider the representation of the petitioner dated 20.07.2021 and pass orders on merits, within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ambasamuthiram Range, Tirunelveli District.

3.The Inspector of Police, Kalladaikurichi Police Station, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-25267[F] dated 04/08/2021 ) Crl.O.P.(MD)No.10368 of 2021 02.08.2021 MGJ(11.08.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/