N.Kotteeswaran v. The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN N.Kotteswaran ... Petitioner Vs.

1. The Assistant Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai-40.

2. The State rep.by The Inspector of Police, K-3, Aminjikarai Police Station, Chennai. ... Respondents PRAYER : Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to remove the petitioner's name in the History Sheet opened by the 1st respondent dated 10.07.2018 based on the petitioner's representation dated 06.04.2024 in a time bound manner.

For Petitioner : Mr.R.Karunagaran For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) 1/4

ORDER

The petitioner herein who has been notified as a rowdy element since 2018 is before this Court to remove his name from the history sheeter list.

2. The learned Government Advocate (Crl.Side) opposed the petition on the ground that five cases were pending against this petitioner including one for the offence under Section 302 of IPC. The history sheet was opened in the year 2018. Except one case which was quashed later, remaining four cases are still pending. Therefore, the order to declare him as a rowdy element been periodically renewed and in force. Particularly, the case registered for the offences under Sections 302 of IPC is in advance stage of trial posted for examination of Investigating Officer and if his name is deleted from the history sheeter list, it may prejudice the public peace.

3. In the light of the above submissions, this Court is of the view that till the disposal of the case in Cr.No.1128 of 2008 on the file of R7 K.K.Nagar Police Station taken up for trial in S.C.No.14 of 2014. It may 2/4

not be appropriate to interfere with the discretion of the police keeping the name of the petitioner in the history sheet. Hence, this Writ Petition is dismissed for the present. No order as to costs. 03.06.2024 Vv To

1. The Assistant Commissioner of Police, Anna Nagar Range, Anna Nagar, Chennai-40.

2. The Inspector of Police, K-3, Aminjikarai Police Station, Chennai.

3/4

Dr.G.JAYACHANDRAN,J.

Vv 03.06.2024 4/4