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Madras High CourtWP/1498/2015allowed

C.Thoppalan v. The Superintendent Of Police

2015-04-21Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2015

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH W.P.No.1498 of 2015 C.Thoppalan

...Petitioner

Vs 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2.State rep.by The Inspector of Police, Kilpennathur Police Station, Thiruvannamalai District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India for a Writ of Mandamus, directing the 1st respondent to issue a necessary direction to the 2nd respondent to delete the petitioner name from the history sheet maintained by the 2nd respondent based on the petitioner representation made to the respondents dated 29.08.2014.

For Petitioner :

Mr.K.Semmalai For Respondents:

Mr.P.Sanjai Gandhi Additional Government Pleader

ORDER

This petition has been filed seeking for a direction to the 1st respondent to issue necessary directions to the 2nd respondent to delete the name of the petitioner in the list of history sheet maintained by the 2nd respondent based on the representation of the petitioner made to the respondents dated 29.08.2014. 2.It is seen that the name of the petitioner was included in the list of history sheet by the respondents and the movements were kept under watch. Today, the 2nd respondent has filed a counter affidavit in which it is seen that a case in Crime No.53 of 2011 was registered https://hcservices.ecourts.gov.in/hcservices/

against the petitioner for offences under Sections 302 read with 120B and 302 read with 201 IPC and the final report was filed before the learned Judicial Magistrate No.I, Thiruvannamalai, which was taken on file in PRC No.18 of 2013. It is admitted by the respondents that the proceedings in PRC No.18 of 2013 as against the petitioner was quashed by an order of this Court in Crl.OP.No.2418 of 2014 on 21.07.2014. The learned Additional Government Pleader submitted that there is no other case pending against the petitioner. If that is so, then there is no necessity to include the name of the petitioner in the history sheet.

3.Accordingly, this Writ Petition is allowed as prayed for and the 2nd respondent is directed to delete the name of the petitioner in the list of history sheet. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mps To 1.The Superintendent of Police, Thiruvannamalai District, Thiruvannamalai.

2.The Inspector of Police, Kilpennathur Police Station, Thiruvannamalai District.

+ 5 cc to Mr.K.Semmalai, Advocate Sr.21724 + 1 cc to the Government Pleader Sr.21787 W.P.No.1498 of 2015 SK(CO) Eu 30.4.2015 https://hcservices.ecourts.gov.in/hcservices/