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Madras High CourtWP/18482/2020disposed of

Vadapazhani v. The Superintendent Police,

2020-12-14Honourable Mr Justice T. Ravindran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.12.2020

CORAM

THE HONOURABLE MR. JUSTICE T.RAVINDRAN W.P.No.18482 of 2020 and WMP.No.22922 of 2020 Vadapazhani

...Petitioner

Vs.

1. The Superintendent of Police Villupuram District, Villupuram.

2. The Inspector of Police, Tindivanam Police Station, Tindivanam.

...Respondents

Prayer: The Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of mandamus, directing the respondents to remove the petitioner name from the History sheeted record kept in the 2nd respondent police station. For Petitioner : Mr.M.R.Elavarasan For Respondents : Ms. M. Prabhavathi Additional Public Prosecutor

ORDER

The Writ petition has been laid by the petitioner seeking for a Writ of Mandamus directing the respondents to remove his name from the History sheeted maintained by the second respondent police station.

2.According to the petitioner, a false case has been registered against him by the second respondent police in Crime Nos.464 of 2013, 831 of 2012, 471 of 2013, 472 of 2013, 474 of 2013, 468 of 2013 and 477 of 2013 and in respect of the abovesaid case, he had been acquitted and no case is pending against him as on date and in another case registered against

him by the Rosanai Police Station, Villupuram in Crime No.270 of 2013 also, he had been acquitted and despite the abovesaid position, the second respondent, without any basis or foundation, had been summoning him often and harassing him and also included his name in the history sheet illegally and therefore, seeking for the deletion of his name from the History Sheet, he has given a representation dated 07.07.2020 to the respondents and no action had been taken with reference to the same by the respondents and hence, according to the petitioner, he has been necessitated to prefer the writ petition.

3. At the time, when the case is taken up for hearing, the Additional Public Prosecutor represented that the Superintendent of Police, Villupuram District, Villupuram, is the competent authority to dispose of the representation given by the petitioner seeking for the deletion of his name from the History Sheet and accordingly submitted that the Court may direct the Superintendent of Police, Villupuram District, Villupuram, to consider the representation preferred by the petitioner and dispose of the same in accordance with law within a specific time frame. Only for the said relief, the petitioner has also come forward with the Writ Petition.

4. Considering the abovesaid factors, in the fitness of things, I am of the considered view that if a suitable direction is given to the Superintendent of Police, Villupuram District, Villupuram, to dispose of the representation given by the petitioner dated 07.07.2020, the same would meet the ends of justice.

5. In the light of the abovesaid factors, the Superintendent of Police, Villupuram District, Villupuram, is directed to consider the representation given by the petitioner on 07.07.2020 seeking for the deletion of his name from the History Sheet and dispose of the same in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition is disposed of. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sms

Copy to

1. The Superintendent of Police Villupuram District, Villupuram.

2. The Inspector of Police, Tindivanam Police Station, Tindivanam.

3. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.R.Elavarasan, Advocate, SR41184 W.P.No.18482 of 2020 and WMP.No.22922 of 2020 CO(RR) BDL07/01/2021