T.Rajesh v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.8735 of 2024 T.Rajesh

...Petitioner

Vs.

1 The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2. The Inspector of Police, Town Police Station (Law and Order), Car Street, Thiruvannamalai

...Respondents

Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to remove the name of the petitioner from History sheet No.679 of 2023 by considering the representation of the petitioner dated 14.03.2024 on the file of 2nd respondent herein.

For Petitioner : Mr.Shivakumar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor 1/5

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation dated 14.03.2024 made by the petitioner for deleting his name in the list of History/ Rowdies sheet maintaining in the 2nd respondent police station. 2.

The case of the petitioner is that he is a diploma graduate in mechanical Engineering. Since the petitioner's father died, he was forced to continue his father business i.e blue metal cutting. Having improved the same, the petitioner also runs the licensed liquor bar. Due to the mistake committed by the staff, he was implicated as an accused in Crime No.662 of 2015 and 663 of 2015 respectively. Two more FIRs were also pending against the petitioner in Crime No.21 of 2011 and 712 of 2023. The investigation was completed by the 2nd respondent police and the charge sheet was also filed in this regard. Except this, he did not commit any offence and there was no criminal case registered against the petitioner. While so, when the above case was pending against the petitioner, his name was added in the History Sheet which is maintained by the 2nd respondent. 2/5

3.The grievance of the petitioner is that the 2nd 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 14.03.2024 to remove his name from the history sheet. Since the same was not considered, the present writ petition has been filed before this Court. 4.Heard the learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing on behalf of respondents. 5.Taking into consideration the facts and circumstances of the case, there shall be a direction to the 2nd 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 in [Thirumurugan and 3/5

another Vs. The Superintendent of Police, Madurai] reported in 2020 2 LW crl 266 and pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of this order.

6.This writ petition is disposed of with the above directions. No costs. 28.03.2024 Index : Yes/No Internet : Yes/No rka 4/5

N.ANAND VENKATESH, J rka To 1 The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2. The Inspector of Police, Town Police Station (Law and Order), Car Street, Thiruvannamalai 3.The Public Prosecutor, High Court of Madras.

W.P.No.8735 of 2024 28.03.2024 5/5