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Madras High CourtWP/8487/2024disposed of

Perinbam v. Superintendent Of Police

2024-03-28Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.8487 of 2024 Perinbam ... Petitioner Vs.

1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Thittagudi Police Station, Cuddalore District.

3.The Sub Inspector of Police, Thittagudi Police Station, Cuddalore District.

... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 1st respondent to remove the name of the petitioner from History sheet No.6 of 2024 maintained at 2nd and 3rd respondent police station, by considering the representation dated 09.02.2024 and 22.03.2024 in accordance with law.

For Petitioner : Mr.M.Velmurugan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

O R D E R

This writ petition has been filed to direct the respondents 1 and 3 to remove the petitioner name in the History Sheet vide H.S.No.6 of 2024 maintained by the 2nd & 3rd respondents in pursuant to petitioner representations dated 09.02.2024 and 22.03.2024.

2.The case of the petitioner is that he is a party founder of the Thamizhaga Vivasayigal Katchi and he has been actively involving in political demonstrations. The grievance of the petitioner is that, though the petitioner is not involved in any criminal activities nor engaged with any antisocial elements, the 2nd & 3rd respondents continues to register false cases against him and to retain the name of the petitioner and call upon the petitioner to attend the enquiry in the Police Station in a routine manner.

3The grievance of the petitioner is that the 2nd & 3rd 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 representations on 09.02.2024 and 22.03.2024 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 representations 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 another Vs. The Superintendent of Police, Madurai] reported in 2020 2 LW crl 266 and pass appropriate orders, within a period of four 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 ssr

N. ANAND VENKATESH , J.

ssr To 1.The Superintendent of Police, Cuddalore District, Cuddalore.

2.The Inspector of Police, Thittagudi Police Station, Cuddalore District.

3.The Sub Inspector of Police, Thittagudi Police Station, Cuddalore District.

4.The Public Prosecutor, High Court, Madras.

W.P.No.8487 of 2024 28.03.2024