Magesh @ Minnal Magesh v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN Magesh @ Minnal Magesh
...Petitioner
Vs.
1. The Superintendent of Police, Thiruvallur, Thiruvallur District.
2. The Deputy Superintendent of Police, Thiruttani, Thiruvallur District.
3. The Inspector of Police, Thiruvalangadu Police Station, Thiruvallur District.
...Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to delete the name of the petitioner from the History Sheet list maintained by the 3rd respondent police station as H.S.No.14 of 2019 by considering the petitioner's representation dated 01.03.2023.
For Petitioner : Mr.R.Sasikumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
ORDER
This Writ Petition has been filed to direct the respondents to delete the name of the petitioner from the History Sheet list maintained by the 3rd respondent police station as H.S.No.14 of 2019 by considering the petitioner's representation dated 01.03.2023.
2. The learned counsel for the petitioner submitted that, History Sheet was opened against the petitioner in the year 2019 in H.S.No.14 of 2019. Thereafter, petitioner has not committed any offence. Without any periodical extension, petitioner's name is still kept in the History Sheeter list. Therefore, present petition is filed.
3. In response, learned Government Advocate (Crl. Side) conceded that, petitioner has not committed any fresh offence. However, one case is pending against the petitioner registered in the year 2018 in Crime 467 of 2018 registered for the offence under Sections 379, 430, 353, 307 of IPC read with
Section 21 of MMDR Act and it is still pending. However, no records produced to show that, petitioner's name is periodically extended as history sheeter. When it was conceded that, petitioner has not involved in any fresh offence, continuing his name in the history sheeter list is not appropriate and it is illegal.
4. Therefore, this Court directs the respondents to remove the name of the petitioner from the History Sheeter list maintained by the 3rd respondent police station as H.S.No.14 of 2019 with immediate effect.
5. Accordingly, this Writ Petition is allowed. 28.06.2023 Index :Yes/No Internet :Yes/No sma G.CHANDRASEKHARAN, J.
sma To
1. The Superintendent of Police, Thiruvallur, Thiruvallur District.
2. The Deputy Superintendent of Police, Thiruttani, Thiruvallur District.
3. The Inspector of Police, Thiruvalangadu Police Station, Thiruvallur District.
4.The Public Prosecutor, High Court of Madras.
28.06.2023