B.Balaji @ Raja v. The Director General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.09.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN B.Balaji alias Raja ... Petitioner Vs.
1. The Director General of Police, Mylapore, Chennai - 600 004.
2. The Commissioner of Police, Greater Chennai, Veppery, Chennai - 7.
3. The Inspector of Police, V-4, Rajamangalam Police Station, Kolathur, Chennai - 99.
4. The Inspector of Police, G-2, Periampet Police Station, Chennai - 600 003.
5. Thiru.K.Rajendran ... Respondents Page No. 1 of 7
Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the third respondent to remove the name of the petitioner from the History Sheet Rowdy List. For Petitioner : No Appearance For Respondents :
For R1 to R4 : Mrs.M.Jayanthi Additional Government Pleader For R5 : Mr.M.Senthil
ORDER
There is no representation on behalf of the petitioner. 2.This writ petition has been filed for a mandamus to direct the 3rd respondent to remove the name of the petitioner from the History Sheet Rowdy List.
3.The case of the petitioner is that four cases were pending against the petitioner which are detailed below:- (i)Crime No.223/2007 (V-4 Rajamangalam Police Station) (ii)Crime No.541/2010 (V-4 Rajamangalam Police Station) (iii)Crime No.23/2012 (XVII Team, C.C.B., Egmore) (iv)Crime No.1538/2013 (V-4 Rajamangalam Police Station) Page No. 2 of 7
4.In the affidavit it has been stated that inrespect of four cases charge sheets were also been filed in Item No.I, II and IV and investigation is pending in sofaras Item No.III before the Central Crime Branch, Team No.XVII, Egmore, Chennai.
5.It is the further case of the petitioner that the petitioner has been arrayed as a accused in Crime No.1834 of 2013 and Crime No.173 of 2014 on the file of the 3rd respondent and Crime No.204 of 2014 on the file of the 4th respondent police.
6.It is further submitted that the petitioner is not a notorious criminal or goondas and that the petitioner is merely engaged in a real estate business for his livelihood. However, the 3rd respondent police at the instigation of the 5th respondent has registered a false case against the petitioner. 7.It is further submitted that during the pendency of the proceedings, the police officials attached to the 3rd respondent police station came to the residence of the petitioner and enquired and inturn the petitioner politely Page No. 3 of 7
answered to their questions and thereafter it was informed by them that the petitioner's name was included in the History Sheet Rowdy List. 8.The learned counsel for the 1st to 4th respondents have stated that they have opened Rowdy History Sheet No.1/2014 under the provisions of Police Standing Order No.749 (1)(b).
9.In view of the above, it is further submitted that question of removing the petitioner's name from the History Sheet Rowdy List cannot be countenanced.
10.I have considered the arguments advanced by the learned counsel for the respondents and also perused the affidavit filed in support of the present writ petition and the counter affidavit filed on behalf of the 3rd respondent. 11.It is seen from the counter affidavit that the petitioner is having seven case against him which are pending Trial, investigation etc. The maintenance of the list is in accordance with the provisions of the Police Standing Orders referred to supra. In case, the petitioner is an accused and his name has been Page No. 4 of 7
wrongly included in the aforesaid Police Standing Order, it is for the petitioner to take steps to remove his name from the list of History Sheet under the criminal proceedings pending against him. It is not clear whether the petitioner has been acquitted in the above mentioned cases or the case against the petitioner has been dropped.
12.Considering the above, I am inclined to dispose this writ petition by directing the respondents to revisit the list based on the facts and circumstances as it stands today with.
13.Accordingly, this writ petition stands disposed of with the above observations. No costs.
14.09.2022 Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order jas Page No. 5 of 7
To
1. The Director General of Police, Mylapore, Chennai - 600 004.
2. The Commissioner of Police, Greater Chennai, Veppery, Chennai - 7.
3. The Inspector of Police, V-4, Rajamangalam Police Station, Kolathur, Chennai - 99.
4. The Inspector of Police, G-2, Periampet Police Station, Chennai - 600 003.
C.SARAVANAN, J.
Page No. 6 of 7
jas 14.09.2022 Page No. 7 of 7