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Madras High CourtWP/20161/2023disposed of

Rajesh @ Rajesh Kumar @Mallai v. The Superintendent Of Police

2023-07-07Honourable Mr Justice N. Anand Venkatesh4 pages

[IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 07.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P No.20161 of 2023 Rajesh @ Rajesh Kumar @ Mallai Petitioner vs.

1.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai - 609 201.

2.The Inspector of Police, Manalmedu, Mayiladuthurai District Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to remove the petitioner's name from the History Sheet Rowdy H.S.No.296/2021 on the file of the respondents. For Petitioner : Mr.D.Parventhan For Respondents : Mr.A.Damodaran Additional Public Prosecutor

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondent police to remove the name of the petitioner from the history sheet in H.S.No.296/2021 maintained by the 2nd respondent by considering the representations made by the petitioner.

2.The case of the petitioner is that the 2nd respondent registered Crime No.795 of 2021 and Crime No.796 of 2021 and in both the cases, the petitioner was arrayed as one of the accused. Thereafter, the 2nd respondent opened a history sheet against the petitioner in the year 2021 in H.S.No.296 of 2021. 3.

The further case of the petitioner is that he is an active member and participant of a Dalit Political Party and is serving as a Camp in-charge of his Party and has been actively involving in political demonstrations, despite the fact that he is a physically challenged person. The grievance of the petitioner is that, though the petitioner is not involved in any criminal activities nor engaged with any antisocial elements and has always voiced for the voiceless, the 2nd respondent Police continues to retain the name of the petitioner in the history sheet only with personal motive and vengeance and in order to harass him. Therefore, the petitioner made representations 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 Mr.A.Damodaran, 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 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 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. 7.

This writ petition is disposed of with the above directions. No costs. 07.07.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order ssr To 1.The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai - 609 201.

N. ANAND VENKATESH, . J.

ssr 2.The Inspector of Police, Manalmedu, Mayiladuthurai District 3.The Public Prosecutor, High Court of Madras, Madras.

W.P No.20161 of 2023 07.07.2023