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Madras High CourtWP/4627/2021disposed of

Mr. Anbazhagan @ Anbu, v. The Superintendent Of Police,

2021-03-01Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH WP No. 4627 of 2021 Anbazhagan @ Anbu ... Petitioner vs.

1. The Superintendent of Police, Thiruvallur,

2. The Deputy Superintendent of Police, Thiruvallur,

3. The Inspector of Police, Sevvapet Police Station, ... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a 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.15 of 2003.

For Petitioner : Mr.R.Sasikumar For Respondents : Mr.C.Raghavan Government Advocate

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondent to remove the name of the petitioner from the History Sheet maintained by the third respondent in HS No.15 of 2003.

2. The case of the petitioner is that the third respondent registered an FIR in Crime No.47 of 2003 for the offence punishable under Sections 147, 148, 294(b), 353 r/w 34 of IPC. The further case of the petitioner is that the FIR was also subsequently closed as further action dropped. However in the

mean time the third respondent opened the History Sheet against the petitioner in HS No.15 of 2003.

3. The petitioner made a representation to the respondent Police on 18.07.2020 requesting for the removal of the name of the petitioner from the History Sheet. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. Heard Mr.R.Sasikumar, learned counsel appearing for the petitioner and Mr.C.Raghavan, learned Government Advocate appearing for the respondents.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the third respondent to consider the representation made by the petitioner on 18.07.2020 and pass orders in accordance with the guidelines issued by this Court in Sabari Vs. The Assistant Commissioner of Police, Madurai City and Ors., reported in 2018 (4) MLJ Crl 585 and Thirumagan and Ors.Vs. The Superintendent of Police, Madurai District and Ors., reported in 2020 (2) LW Crl 266, within a period of four weeks from the date of receipt of a copy of this Order.

The petitioner is directed to make a fresh representation to the third respondent along with a copy of this order.

6. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar jv To

1. The Superintendent of Police, Thiruvallur,

2. The Deputy Superintendent of Police, Thiruvallur,

3. The Inspector of Police, Sevvapet Police Station,

4. The Public Prosecutor, High Court of Madras, Chennai.

+1cc to M/s.R.Sasikumar, Advocate Sr.12485 WP No. 4627 of 2021 rr[co] srg 19/03/2021