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Madras High CourtWP/8787/2023disposed of

G.Dinesh v. Commissioner Of Police

2023-03-21Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN G.Dinesh ... Petitioner Vs.

1. The Commissioner of Police, Avadi Police Commissionerate, Poompozhil Nagar, Avadi - 600 062.

2. The Additional Commissioner of Police, Avadi Police Commissionerate, Poompohil Nagar, Avadi - 600 062.

3. The Assistant Commissioner of Police, Ennore Range, Ennore, Chennai - 600 057.

4. The Inspector of Police, Law & Orde, M8, Sathangadu Police Station, Tiruvottiyur, Chennai - 600 068.

5. The Inspector of Police, Law & Order, M5 Ennore Police Station, Kathivakkam High Road, Ashok Leyland Area, Chennai - 600 057. ...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to consider the Representation dated 10.02.2023 and consequently remove the name of the petitioner from the History Sheet opened in History Sheet vide M5/R/09/13 on the file of the Respondent No.5 and subsequently forwarded and renumbered as History Sheet vide M8/R/2/21 on the file of Respondent No.4.

For Petitioner : Mr.Manuraj For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to direct the respondents to consider the Representation dated 10.02.2023 and consequently remove the name of the petitioner from the History Sheet opened in History Sheet. vide M5/R/09/13 on the file of the Respondent No.5 and subsequently forwarded and renumbered as History Sheet vide M8/R/2/21 on the file of Respondent No.4.

2. It is the submission of the learned counsel for the petitioner that, petitioner had following previous cases:

S.No.

Crime Number Offence Under Sections M5, Crime No.394 of 2009 149, 302 IPC M5, Crime No. 81 of 2010 341, 324, 506(ii) of IPC M5, Crime No.640 of 2013 384 of IPC @ 393 of IPC M5, Crime No.1665 of 13 143 of IPC read with Section 6 of Indecent representation of Women Prohibition Act, 1986 and Section 294 (1), 294(b) of IPC M5. Crime No. 1675 of 2013 294(b), 323 of IPC He further submitted that, of all these cases, S.No.1 to 3 ended in acquittal, after full trial. As far as, S.No.4 & 5 are concerned, they are petty offences and final report have not been filed in this case. Even if final report is filed, it cannot be taken cognizance, since there is a bar under Section 468 of Cr.P.C. Petitioner's name has been retained in History Sheet. The petitioner had given representation to the respondents on 10.02.2023 for removing his name from the rowdy list. However, till now, no order is passed. Therefore, present petition is filed.

3. The learned Government Advocate (Crl. Side) submitted that, petitioner's representation is available with the respondents and appropriate orders will be passed.

4. In the light of the submission made by the learned Government Advocate (Crl. Side), this Court directs the respondents to take immediate action on the petitioner's representation dated 10.02.2023 and pass appropriate orders in the manner known to law.

5. With the above direction, this Writ Petition is disposed of. 21.03.2023 Index :Yes/No Internet:Yes/No Sma

To

1. The Commissioner of Police, Avadi Police Commissionerate, Poompozhil Nagar, Avadi - 600 062.

2. The Additional Commissioner of Police, Avadi Police Commissionerate, Poompohil Nagar, Avadi - 600 062.

3. The Assistant Commissioner of Police, Ennore Range, Ennore, Chennai - 600 057.

4. The Inspector of Police, Law & Orde, M8, Sathangadu Police Station, Tiruvottiyur, Chennai - 600 068.

5. The Inspector of Police, Law & Order, M5 Ennore Police Station, Kathivakkam High Road, Ashok Leyland Area, Chennai - 600 057.

6. The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN, J.

Sma W.P. No.8787 of 2023 21.03.2023