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Madras High CourtWP/8361/2021disposed of

Karunakaran @ Periyakaruna v. The Commissioner Of Police

2021-04-07Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.NO.8361 OF 2021 Karunakaran @ Periyakaruna ... Petitioner Vs.

1.The Commissioner of Police, Veppery, 2.The Assistant Commissioner of Police, SRMC, Porur, 3.The Inspector of Police, Kundrathur Police Station, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, Writ of Mandamus, directing the respondents to delete the name of the petitioner from the History Sheet list maintained by the third respondent police as HS No.02/2020.

For Petitioner :

Mr.A.Sathishkumar For Respondent :

Mr.M.Mohammed Riyaz, Additional Public Prosecutor * * * * *

O R D E R

This Writ Petition has been filed for a direction to the respondents to delete the name of the petitioner from the History Sheet list maintained by the third respondent police as HS No.02/2020.

2.The learned counsel appearing for the petitioner submitted that the third respondent police registered a case in Crime No.333 of 2018 against the petitioner for the offence punishable under Sections 147, 148, 341, 307, 302 of IPC r/w 114, 149, 120B

of IPC and the petitioner name was falsely implicated in the above case. The third respondent has registered few false cases against the petitioner. The third respondent police published rowdy history sheet adding the name of the petitioner in HS No.02/2020 maintained by the third respondent. Though all the false cases were ended in favour of the petitioner. The third respondent did not come forward to delete the name of the petitioner from the Rowdy History Sheet, hence the petitioner sent a detailed representation dated 23.03.2021 to the first respondent requesting a remove his name from the history list. But till date no action was taken by the respondents. Hence this writ petition.

3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4.This court has carefully considered the submissions made on either side and also the materials available on record. 5.Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondent police to consider the representation dated 23.03.2021 made by the petitioner to remove the name of the petitioner from the history sheet H.S.No.02/2020 and deal with the same in accordance with law the guidelines given by this Court in the case of Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Annanagar (L and O) Range, Madurai City, Madurai and others reported in (2018) 4 MLJ (Crl.) 585. This process shall be completed by the respondent police within a period of six weeks from the date of receipt of a copy of this order.

6.This Writ Petition stands disposed of with the above direction.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ah To 1.1.The Commissioner of Police, Veppery,

2.The Assistant Commissioner of Police, SRMC, Porur, 3.The Inspector of Police, Kundrathur Police Station, 4.The Public Prosecutor, High Court, Madras.

W.P.NO.8361 OF 2021 07.04.2021 PL(CO) RG.27.04.2021(3p/5c)