Madras High CourtWP/19009/2021disposed of

Vijayabalan v. The Superintendent Of Police

2021-09-15Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No19009 of 2021 Vijayabalan.

...Petitioner

Versus

1. The Superintendent of Police,

2. The Additional Superintendent of Police,

3. The Deputy Superintendent of Police, Gopichettipalayam Sub-Division, Gopichettipalayam, Erode District.

4. The Inspector of Police, Thingalur Police Station, Erode District.

5. The Inspector of Police, Perundurai Police Station, Erode District.

6. The Inspector of Police Kaunthampadi Police Station, Erode District.

...Respondents

PRAYER: This Writ petition has been filed under article 226 of the constitution, to issue writ of Mandamus, to direct the respondents herein to remove the petitioner's name from the history sheet (HS No.102 of 2015) pending on the file of 4th respondent police station, after considering the petitioner's representation dated 15.07.2021 within the time frame stipulated by this court.

For Petitioner : Mr. K.T.S.Sivakumar.

For Respondents : Mr.A.Damodharan, Government Advocate (Crl.side)

ORDER

This petition has been filed seeking a direction to direct the 4th respondent to consider his representation dated 15.07.2021 and remove the name of the petitioner from the History Sheet in HS No.102 of 2015.

2. The contention of the petitioner is that totally, there are 5 cases pending as against the petitioner. All the cases are pertaining to the year 2011 to 2021. The last case was of the year 2015. In the year 2021, a false case has been registered against him to justify the intention of the petitioner name as a history sheeter. The petitioner had sent a detailed representation to the respondents. But, so far no action has been taken. Hence, the present petition.

3. The learned Government Advocate (crl.side) submitted that the petitioner has got 6 previous cases to his credit. In all the cases, charge sheet has been filed and are pending for trial. The last case was registered against him on 18.02.2021, in which investigation completed, charge sheet has also been filed. He further submitted that as per the guide-lines of this Court, the petitioner's name is retained in the history sheet, which is justifiable.

He further submitted that the petitioner's representation dated 15.07.2021 would be considered and disposed within a period of 3 weeks.

4. Recording the submission made by the learned Government Advocate (crl. side), this court directs the respondent police to consider the representation of the petitioner dated 15.07.2021 and to pass appropriate orders on the same, preferably, with in a period of 4 weeks from the date of receipt of a copy of this Order.

5. With the above directions, this writ petition is disposed of.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mrp To