R.Rasaiah@Rasa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Rasaiah @ Rasa .. Petitioner Vs.

1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Superintendent of Police, Thiruvallur District, Thiruvallur.

3.The Deputy Superintendent of Police, Uthukottai, Thiruvallur District.

4.The Inspector of Police, C5, Vengal Police Station, Thiruvallur District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 23.02.2024 and to remove the petitioner's name in History Sheet No.53 of 2022 on the file of the respondents.

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For petitioner :

Ms.T.Gnana Banu For Respondents :

Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This Writ Petition has been filed for a direction to the respondents to remove the name of the petitioner from the History Sheet No.53 of 2022 on the file of the respondents by considering the petitioner's representation dated 23.02.2024.

2.The case of the petitioner is that during May 2020, an Industry named VKN Industry was operated without any permission in violation of COVID 19 pandemic period. When the villagers protested against the functioning of the said Industry during the pandemic period, the 1st respondent instead of arresting the company management, booked the petitioner and others on account of extraneous consideration and the 4th respondent foisted a false case against the petitioner and other villagers. 3.The further case of the petitioner is that 4th respondent had registered three FIRs against the petitioner with regard to same incident and the said cases were quashed and the petitioner was acquitted. The 2/5

respondents opened History Sheet in HS No.53 of 2022 against the petitioner when there was no cases pending against him. 4.The grievance of the petitioner is that the 4th respondent continues to retain the name of the petitioner in the history sheet and in order to justify the same, attempts are being made to initiate proceedings under section 110 of Cr.P.C. The petitioner made a representation on 23.02.2024 to remove his name from the history sheet. Since the same was not considered, the present writ petition has been filed before this Court.

5.Heard the learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of respondents. 6.Taking into consideration the facts and circumstances of the case, there shall be a direction to the 4th respondent 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, Maurai city, Madurai and others] in 2018 4 MLJ Crl. 585 and 3/5

in [Thirumurugan and another Vs. The Superintendent of Police, Madurai] reported in 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 4th respondent along with a copy of this order. 7.This writ petition is disposed of with the above directions. No costs.

27.03.2024 krk Index : Yes / No Internet : Yes / No : Yes / No To 1.The District Collector, Thiruvallur District, Thiruvallur.

2.The Superintendent of Police, Thiruvallur District, Thiruvallur.

3.The Deputy Superintendent of Police, Uthukottai, Thiruvallur District.

4.The Inspector of Police, C5, Vengal Police Station, Thiruvallur District.

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N.ANAND VENKATESH, J.

krk 27.03.2024 5/5