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Madras High CourtWP/6549/2024disposed of

Ezhilarasan, v. The Superintendent Of Police,

2024-03-14Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Ezhilarasan ... Petitioner Vs.

1.The Superintendent of Police, Superintendent Office, Erode.

2.The Inspector of Police, South Police Station, Erode.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents to remove the petitioner's name from the history sheet in H.S.No.428 of 2009 on the file of second respondent by considering his representation dated 05.03.2024.

For Petitioner : Mr.Deepan Uday For Respondents : Mr.A.Damodaran Additional Public Prosecutor ***** 1/4

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus directing the respondents to remove the petitioner's name from the history sheet in H.S.No.428 of 2009 on the file of second respondent by considering his representation dated 05.03.2024.

2. The case of the petitioner is that two cases have been registered against the petitioner and in both the cases, the petitioner was acquitted. Except these cases, no other case is pending against the petitioner. However, the second respondent has included the name of the petitioner in H.S.No.428 of 2009. The petitioner submitted a representation dated 05.03.2024 to remove his name from the history sheet. Since no action was taken on the representation of the petitioner, the present writ petition has been filed seeking for the aforesaid relief.

3. Heard Mr.Deepan Uday, learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents.

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4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondents 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, Madurai city, Madurai and others [2018 4 MLJ Crl. 585] and Thirumurugan and another Vs. The Superintendent of Police, Madurai [2020 2 LW crl 266] and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondents along with a copy of this order.

This writ petition is disposed of with the above direction. No costs. 14.03.2024 Speaking Order/Non-speaking Order Index :Yes/No gm 3/4

N.ANAND VENKATESH, J.

gm To 1.The Superintendent of Police, Superintendent Office, Erode.

2.The Inspector of Police, South Police Station, Erode.

3. The Public Prosecutor, High Court, Madras.

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