J.Jeyabalaji v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH J.Jeyabalaji ... Petitioner Vs.

1.The Superintendent of Police Perambalur District.

2.State represented by The Inspector of Police, Perambalur Police Station.

(Crime Nos.421/2023 and 605/2023) ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to remove the petitioner's name from the history sheet vide H.S.No.02 of 2023 maintained on the file of the second respondent Police within the period that may be stipulated by this Hon'ble Court. For Petitioner : Mr.E.V.Chandru for M/s.A.S.Aswin Prasanna For Respondents : Mr.A.Gopinath Government Advocate (Crl. Side) 1/4

O R D E R

This petition has been filed seeking to remove the name of the petitioner from the History Sheet which is maintained in the second respondent police station in H.S.No.02 of 2023. 2.The case of the petitioner is that the petitioner is running an electronics shop in the name of M/s.Prashant Electronics. Further, in the year 2023 he was implicated as accused in connection with the case in Crime Nos.421 of 2023 and 605 of 2023 and was enlarged on bail by the lower Court on 19.10.2023 with respect to the case in Crime No.421 of 2023 and by this Court on 19.10.2023 with respect to the case in Crime No.605 of 2023. He was also detained under the Tamil Nadu Prevention of Dangerous Activities of Bootlegers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual - Offenders, Slum Grabbers and Video Pirates Act, 1982 and the same was revoked by the Advisory Board by order dated 27.09.2023. While so, his name was added in the History Sheet which is maintained by the second respondent.

3.The grievance of the petitioner is that the second respondent continues to retain the name of the petitioner in the history sheet and 2/4

in order to justify the same, attempts are being made to initiate proceedings under section 110 of Cr.P.C. Hence, the present writ petition has been filed before this Court.

4.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing on behalf of respondents. 5.It is seen from the materials placed before this Court that the petitioner has not made any representation seeking removal of his name from the history sheet. Hence, the petitioner is directed to make a representation to the second respondent along with a copy of this order. On receipt of the same, the second respondent is directed to act on the said representation made by the petitioner and deal with the same in accordance with the guidelines issued by this Court in [Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Anna Nagar, (L&O) Range, Maurai city, Madurai and others] in 2018 4 MLJ Crl. 585 and in [Thirumurugan and another Vs. The Superintendent of Police, Madurai] reported in 2020 2 LW crl 266 and pass appropriate orders, within a period of four weeks from the date of receipt of the said representation. 3/4

N.ANAND VENKATESH,J.

pri 6.This writ petition is disposed of with the above directions. No costs.

20.02.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Superintendent of Police Perambalur District.

2.The Inspector of Police, Perambalur Police Station.

(Crime Nos.421/2023 and 605/2023) 3.The Public Prosecutor, High Court of Madras, Chennai 600 104.

20.02.2024 4/4