Madras High CourtWP/5766/2024disposed of

G.Anand v. The Commissioner Of Police

2024-03-06Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.5766 of 2024 G.Anand ... Petitioner Vs.

1.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2.The Inspector of Police, F-1, Chintatripet Police Station, Chennai - 600 002.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to consider the representation dated 26.12.2023 made by the petitioner for delete his name in the list of History/ Rowdies sheet maintain in the 2nd respondent police station and decide the same in accordance with law.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation dated 26.12.2023 made by the petitioner for delete his name in the list of History/ Rowdies sheet maintain in the 2nd respondent police station.

2.The case of the petitioner is that the petitioner is doing the fish business in the Chintatripet Market. During the year 2013, he was implicated as an accused in Crime No.1102 of 2013. The investigation was completed by the 2nd respondent police and filed the charge sheet was filed and the case was taken on file in S.C.No.171 of 2017 and pending trial before the V Additional Sessions Court, Chennai. Except this, he did not commit any offence and there was no criminal case registered against the petitioner. While so, when the above case was pending against the petitioner, his name was added in the History Sheet which is maintained by the 2nd respondent.

3.The grievance of the petitioner is that the 2nd respondent continues to retain the name of the petitioner in the history sheet and in order to justify the same, 2/4

attempts are being made to initiate proceedings under section 110 of Cr.P.C. The petitioner made a representation on 26.12.2023 to remove his name from the history sheet. Since the same was not considered, the present writ petition has been filed before this Court.

4.Heard the learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents. 5.Taking into consideration the facts and circumstances of the case, there shall be a direction to the 2nd respondent to act on the 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 a copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of this order. 3/4

N.ANAND VENKATESH, J ssr 6.This writ petition is disposed of with the above directions. No costs. 06.03.2024 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order ssr To 1.The Commissioner of Police, Chennai City, Vepery, Chennai - 600 007.

2.The Inspector of Police, F-1, Chintatripet Police Station, Chennai - 600 002.

3.The Public Prosecutor, High Court, Madras.

W.P.No.5766 of 2024 4/4