Madras High Court
Perarivalan @ Periyasamy vs The Superintendent Of Police on 14 October, 2019
Author: M.S.Ramesh
Bench: M.S.Ramesh
Crl.O.P.No.27286 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH
Crl.O.P.No.27286 of 2019
Perarivalan @ Periyasamy ...Petitioner
Vs.
1.The Superintendent of Police,
Salem District,
Salem.
2.The Inspector of Police,
Gangavalli Police Station,
Salem District. ...Respondents
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to
direct the respondents to consider the petitioner's representation dated
30.09.2019 and consequently remove the petitioner's name from the History Sheet
List vide HS.No.250/2016 on the file of the 2nd respondent police.
For Petitioner : Mr.M.Rajendiran
For Respondents : Mrs.V.Saratha Devi
Government Advocate (Crl.Side)
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Crl.O.P.No.27286 of 2019
ORDER
The grievance of the petitioner is that the history sheet has been opened in the name of the petitioner illegally and that owing to the subsequent antecedents, the name requires to be removed from the history sheet. The decision to have the petitioner's name removed from the history sheet could fall within the purview of the Superintendent of Police and this Court, by exercising its power under Article 226 of the Constitution of India, cannot step into the shoes of the detaining authorities for the purpose of considering the petitioner's request for removal of name from the history sheet.
2. Nevertheless, if a direction is given to the concerned authority to consider the request for removal of the name from the history sheet, the ends of justice would be secured. The learned counsel for the petitioner also relied upon a decision of this Court in W.P.No.1965 of 2018, etc., in the case of Sabari vs. Assistant Commissioner of Police, reported in 2018 LW (Crl) 817. Yardstick has been given for consideration of such a request for removal of name in the history sheet. It would be appropriate that when the respondents consider such request for removal of the name, this yardstick can be applied.
3. In the light of the above observations, the petitioner is granted liberty to approach the Superintendent of Police with a representation seeking for http://www.judis.nic.in 2/4 Crl.O.P.No.27286 of 2019 removal of his name from the history sheet maintained by the 1 st respondent police and on such a representation, the Superintendent of Police shall consider the same on its own merits and in accordance with law, as well as the observation made by this Court in this order and pass appropriate orders, preferably within a period of four weeks from the date of receipt of such representation.
4. Accordingly, the Criminal Original Petition stands ordered.
14.10.2019 Index: Yes/No Internet: Yes/No jas/hvk To
1.The Superintendent of Police, Salem District, Salem.
2.The Inspector of Police, Gangavalli Police Station, Salem District.
3.The Public Prosecutor, High Court of Madras.
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