Madras High CourtCRL OP(MD)/10413/2021disposed of

Manickkam v. The Superintendent Of Police

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

Crl.O.P.(MD)No.10413 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.10413 of 2021 Manickkam ... 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 filed under Section 482 of the Code of Criminal Procedure, to direct the respondents 1 & 2 to remove the name of the petitioner from the History sheet in H.S.No.167 of 2017 maintaining by the respondent 3 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

ORDER

This petition is filed to direct the respondents 1 & 2 to remove the name of the petitioner from the History sheet in H.S.No.167 of 2017 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.

2.The case of the petitioner is that he was charge sheeted in Crime No.187 of 2020, for the offences punishable under Sections 341, 302, 307 IPC, on the file of the third respondent herein, which was tried in SC.No.161 of 2011 and the petitioner was acquitted from all charges on 03.10.2011. Because of the above case, the third respondent has opened History Sheet in H.S.No.167 of 2017 against the petitioner. According to the petitioner, he is a coolie worker and he is not involved in any other case except the above crime, in which, he was acquitted. Hence, he sent a detailed representation to the third respondent to remove his name from the History sheet. Since no action has been taken so far, the petitioner is before this Court with the present Criminal Original Petition. 3.The learned Additional Public Prosecutor would submit that no other case except the proceedings under 110 Cr.P.C is pending against https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.10413 of 2021 this petitioner. However, he would submit that the concerned Authorities are ready to consider the representation sent by the petitioner. 4.Recording the aforesaid submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of with a direction to the third respondent to consider the petitioner's representation dated 20.07.2021 and pass orders on merits, within a period of eight weeks from the date of receipt of a copy of this order. Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) 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.

+1CC to M/s.Dr.R.Alagumani, Advocate (SR25266) Crl.O.P.(MD)No.10413 of 2021 02.08.2021 SSS RS (11.08.2021) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2