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Madras High Court · body

2015 DIGILAW 3444 (MAD)

S. Murugan v. Superintendent of Police

2015-10-16

R.MALA

body2015
ORDER The petitioner has come forward with this petition seeking for a direction to the respondents 1 and 2 to remove the name of the petitioner in the History Sheet in H.S.No.430/2012 maintained by the third respondent against the petitioner under the Tamil Nadu Police Standing Order No.748, by considering his representation dated 09.07.2015. 2. The learned Counsel appearing for the petitioner submits that the petitioner involved in a murder case. The brother of the petitioner namely one Muthukrishnan was murdered and hence a case was registered in Crime No.17 of 2010 on the file of the Thirupachethi Police Station under Sections 147, 148 and 302 IPC and Section 3(2)(v) SC & ST Act. Thereafter, one of the accused persons namely Karupu @ Karupasamy was murdered on 04.05.2010 in which the petitioner is one of the accused, on the basis of that, history sheet has been opened against the petitioner. Hence, he prays for a direction to direct the respondent to consider his representation and to pass orders in respect of removal of his name from the History sheet. 3. Resisting the same, the learned Government Advocate (Criminal side) appearing for the respondents submits that the petitioner has committed retaliatory murder and he was A1 in Crime No.85 of 2000. After that only a History Sheet was opened against the petitioner which was renewed and as per the provision of Police Station Order No.749, a person once convicted under any Section of the Indian Penal Code is considered to be likely to commit crime and there is no impediment for opening the History Sheet. Hence, he prays for dismissal of the petition. 4. Admittedly, no order has been passed on the representation of the petitioner dated 09.07.2015. Considering the rival submissions made on either side, the respondents are directed to consider the representation of the petitioner dated 09.07.2015, and pass appropriate orders on the same on merits and in accordance with law within a period of one week from the date of receipt of a copy of this order. 5. Accordingly, the Criminal Original Petition is dismissed.