B. Rajesh v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.04.2016
CORAM
THE HONOURABLE MS.JUSTICE R.MALA W.P.No.14105 of 2016 B.Rajesh ... Petitioner Vs
1. The Commissioner of Police, E.V.R. Road, Vepery, Chennai.
2. The Deputy Commissioner of Police, Triplicane Range, O/o.Chintadaripet Police Station, Chintadaripet, Chennai.
3. The Assistant Commissioner of Police, Nungambakkam, O/o.Nungambakkam Police Station, Chennai - 600 034.
4. The Inspector of Police (Law and Order), F-5 Choolaimedu Police Station, Choolaimedu, Chennai - 600 094.
... Respondents Prayer:- This Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to remove the petitioner's name from the history sheet maintained by the 4th respondent based on the petitioner's representation dated 24.03.2016 within the period stipulated by this Court.
For Petitioner : Mr.R.Murali For Respondents : Mr.P.Sanjay Gandhi Additional Government Pleader
ORDER
The petitioner has come forward with this petition for issuance of writ of Mandamus, directing the respondents to remove the petitioner's name from the history sheet maintained by the 4th respondent based on the petitioner's representation dated 24.03.2016 within the time stipulated by this Court.
2.The learned counsel appearing for the petitioner would submit that the petitioner has given a representation on 24.02.2016 to remove his name from the History Sheeted Rowdy List. But the respondent police has neither deleted his name nor disposed of his representation. Hence, the above petition has been filed.
3.At this juncture, the learned Additional Government Pleader would submit that a direction may be given to the 3rd respondent to consider the representation given by the petitioner within a stipulated time.
4.Considered the rival submissions made on both sides and perused the typed set of papers.
5.The petitioner was an accused in Crime No.1096 of 2007 on the file of the 4th respondent for the offences punishable under Sections 148, 341, 302 r/w. 149 of IPC. Further, charge sheet has been laid, which was taken as S.C.No.289 of 2010 on the file of the learned VII Additional Sessions Judge, Chennai and the petitioner was acquitted from the charges. Since, he belongs to rival political party, his name has been included in the History Sheeted Rowdy list. Now, the petitioner is the Deputy President of Aavin Milk Consumer Co-operative Society and he has not involved in any case. Hence, the petitioner has given a representation to the respondents on 24.03.2016 to remove his name from the History Sheeted Rowdy list maintained by the 4th respondent, but the same is yet to be considered. 6.In such circumstances, I am of the view that it is a fit case for giving direction to the 3rd respondent to consider the representation of the petitioner.
Accordingly, the 3rd respondent is directed to consider the representation given by the petitioner on 24.03.2016 and pass appropriate orders in accordance with law within a period of three weeks from the date of receipt of a copy of this order.
7.In the result, the Writ Petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar cse
To
1. The Commissioner of Police, E.V.R. Road, Vepery, Chennai.
2. The Deputy Commissioner of Police, Triplicane Range, O/o.Chintadaripet Police Station, Chintadaripet, Chennai.
3. The Assistant Commissioner of Police, Nungambakkam, O/o.Nungambakkam Police Station, Chennai - 600 034.
4. The Inspector of Police (Law and Order), F-5 Choolaimedu Police Station, Choolaimedu, Chennai - 600 094.
+1cc to Mr.R.Murali, Advocate, S.R.No.24301 +1cc to the Government Pleader, S.R.No.24526 W.P.No.14105 of 2016 RSY(CO) CA(09/05/2016)