P.Arivazhagan v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH WP No. 6341 of 2021 P.Arivazhagan ... Petitioner vs.

1. The District Superintendent of Police, Office of District Superintendent of Police, Nagapattinam District, Nagapattinam.

2. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Nagapattinam District, Nagapattinam.

3. The Inspector of Police, Vellipalayam Police Station, Nagapattinam District.

... Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the representation made by the petitioner vide the letter dated 17.02.2021 delivered on 22.02.2021 to the first respondent and on 19.02.2021 to the second and third respondents, to remove the petitioner's name from the history sheet 625/13 of Vellipalayam Police Station which has been mechanically maintained.

For Petitioner : Mr.G.Mohana Krishnan For Respondents : Mr.C.Raghavan Government Advocate, (Crl. Side)

O R D E R

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 17.02.2021, wherein the petitioner has sought for removal of his name from the history sheet, maintained by the third respondent in HS No.625 of 2013.

2. The case of the petitioner is that he belongs to a

recognized political party and the petitioner had participated in various demonstrations/protest. As a result of the same, criminal cases have been foisted against the petitioner. The petitioner came to know that the third respondent has opened the history sheet against the petitioner in HS No.625 of 2013. The petitioner therefore made a representation to the respondents on 17.02.2021 to remove his name from the history sheet. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. Heard Mr. G.Mohana Krishnan, learned counsel appearing for the petitioner and Mr.C.Raghavan, learned Government Advocate (Crl. Side) appearing for the respondents.

4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in the Writ Petition, there shall be a direction to the third respondent to consider the representation made by the petitioner on 17.02.2021 and deal with the same strictly 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 and pass orders 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.

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

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

1. The District Superintendent of Police, Office of District Superintendent of Police, Nagapattinam District, Nagapattinam.

2. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Nagapattinam District, Nagapattinam.

3. The Inspector of Police, Vellipalayam Police Station, Nagapattinam District.

+1cc to Mr.G.Mohanakrishnan, Advocate, S.R.No. 16169 WP No. 6341 of 2021 GPL(CO) GN(09/04/2021)