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Sathasivam @ Durai vs The Assistant Commissioner Of ...

Madras High Court|14 September, 2017

JUDGMENT / ORDER

The prayer in the present petition is to direct the second respondent to remove the name of the petitioner from the history sheet maintained by the second respondent.
2. Heard both sides.
3. It is submitted by the learned counsel for the petitioner that as per the Tamil Nadu Police Standing Order, the history sheet shall be maintained for a period of two years after the accused released from jail and to be periodically reviewed once in two years. In the present case, the accused has been history sheeted in the year 2013 under H.S.No. 787/2013 and his name is being maintained in the history sheet till date.
4. The learned counsel for the petitioner further submitted that as on date the petitioner has been maintaining clean profile and therefore he cannot be treated as a history sheeted rowdy and therefore, sought for reconsideration of removal of his name from the history sheet.
5. This Court of the view that, when the petitioner has been maintaining clean profile and has not been involved in any other offences and has been keeping away from the criminal activities, his case may be reconsidered for removal of his name from the history sheet.
6. However, the said decision can be taken only by the respondents herein, after discreetly enquiring about the antecedents and personal activities of the accused. It is now brought to the notice of this Court that the petitioner has given a representation in this regard on 31.07.2017, requesting for removal of his name from the history sheet.
7. In my view, it would be appropriate to direct the first respondent to consider the petitioner's representation dated 31.07.2017 on its own merits and in accordance with law. M.S.RAMESH.J, ak/smi
8. Accordingly, the criminal original petition stands disposed of with a direction to the first respondent to consider the petitioner's representation dated 31.07.2017 within four weeks from the date of receipt of a copy of this order.
14.09.2017 Index:Yes/No ak/smi To
1. The Assistant Commissioner of Police, South Range (L&O) Salem City.
2. The Inspector of Police, B-4, Annathanapatty Police Station, Salem City.
3. The Public Prosecutor, High Court, Madras.
Crl.O.P.No.18616 of 2017
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Title

Sathasivam @ Durai vs The Assistant Commissioner Of ...

Court

Madras High Court

JudgmentDate
14 September, 2017