Mayavelayudam v. Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.6682 of 2021 Mayavelayudam, S/o.Sadaiandi .. Petitioner vs.

1. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Sankarapuram Police Station, Villupuram District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the first respondent to consider the representation of the petitioner pertaining to removal of history sheet No.498/2016 opened against petitioner dated 11.07.2020 within a time frame. For Petitioner : Mr.S.Kalyanaraman For Respondents : Mr.M.Mohamed Riyaz, Addl. Public Prosecutor

ORDER

This writ petition has been filed for issuance of writ of Mandamus directing the respondent police to consider the representation made by the petitioner dated 11.07.2020 wherein the petitioner has requested the respondent police to remove his name in the history sheet maintained by the second respondent in H.S.No.498 of 2016.

2. The case of the petitioner is that the second respondent had foisted various cases against the petitioner and the petitioner has been acquitted in most of the cases. The second respondent based on the FIR, opened a history sheet against the petitioner in H.S.No.498 of 2016. The petitioner made a

representation to the respondent police on 11.07.2020 seeking to remove his name from the history sheet. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3.

Heard Mr.S.Kalyanaraman, learned counsel for the petitioner and Mr.M.Mohamed Riyaz, learned Additional Public prosecutor for the Respondents.

4. Taking into consideration the facts and circumstances of the case and the limited prayer sought for in this writ petition, there shall be a direction to the second respondent police to consider the representation made by the petitioner on 11.07.2020 and deal with the same strictly in accordance with the guidelines issued by this Court in [Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Anna Nagar, (L&O) Range, Madurai 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 take a decision, within a period of six weeks from the date of receipt of a copy of this order.

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

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

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kal To

1. The Superintendent of Police, Villupuram District.

2. The Inspector of Police, Sankarapuram Police Station, Villupuram District.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.Kalyanaraman, Advocate, S.R.No.17114 W.P No.6682 of 2021 PL(CO) KM(20/04/2021)