← Library
Madras High CourtWP/1865/2020disposed of

Mr. S.Kutty @ Baskar v. The Superintendent Of Police,

2020-01-29Honourable Mr Justice P. Rajamanickam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM W.P.No.1865 of 2020 S.Kutty @ Baskar

...Petitioner

-Vs1. The Superintendent of Police, Thiruvallur, Thiruvallur District.

2. The Deputy Superintendent of Police, Thiruvallur, Thiruvallur District.

3. The Inspector of Police, B-5, Manavalanagar Police Station, Thiruvallur District.

... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India to issue Writ of mandamus directing the respondents to delete the name of the petitioner from the History Sheet list maintained by the third respondent police station as HS.No.3/2000.

For Petitioner : Mr.R.Sasikumar For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

This Writ Petition has been filed to issue Writ of mandamus directing the respondents to delete the name of the petitioner from the History Sheet list maintained by the third respondent police station as HS.No.3/2000.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned counsel for the petitioner has submitted that the third respondent police registered a case against the petitioner in Crime No.137 of 1999 for the offences https://hcservices.ecourts.gov.in/hcservices/

punishable under sections 323, 509 and 506(ii) of IPC and the same was subsequently dropped as 'further action dropped'. He further submitted that based on the false complaints lodged by the persons belonging to rival political parties, false cases were registered against the petitioner and the third respondent police published rowdy history sheet by adding the name of the petitioner in HS No.3/2000. Therefore, the petitioner has made a representation to the respondents on 13.01.2020 to delete his name from the history sheet, but so far no action has been taken on the said representation and hence he requests to direct the respondents to pass an appropriate order on the petitioner's representation. 4.This Court has carefully considered the submissions made on either side and also the materials available on record.

5.Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondents police to consider the representation dated 13.01.2020 made by the petitioner to delete the name of the petitioner from the history sheet and deal with the same in accordance with the guidelines given by this Court in the case of Sabari @ Sabarigiri vs. Assistant Commissioner of Police, Annanagar (L and O) Range, Madurai City, Madurai and others reported in (2018) 4 MLJ (Crl.) 585. This process shall be completed by the respondents police within a period of six weeks from the date of receipt of a copy of this order.

6.This Writ Petition is disposed of with the above direction.

No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mfa To

1. The Superintendent of Police, Thiruvallur, Thiruvallur District.

2. The Deputy Superintendent of Police, Thiruvallur, Thiruvallur District.

3. The Inspector of Police, B-5, Manavalanagar Police Station, Thiruvallur District.

4.The Public Prosecutor,High Court, Madras.

+1cc to Mr.R.Sasikumar , Advocate SR.No. 7011 W.P.No.1865 of 2020 A.SK(19/03/2020) https://hcservices.ecourts.gov.in/hcservices/