G.Stalin v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.10.2022
CORAM:
THE HONOURABLE MS JUSTICE R.N.MANJULA G.Stallin ... Petitioner Vs.
1. The Superintendent of Police, Thiruvallur District, Thiruvallur.
2. The Deputy Superintendent of Police, Uthukottai, Thiruvallur District.
3. The Inspector of Police, C-2, Periyapalayam Police Station, Thiruvallur District.
...Respondents
Writ petition is filed under Section 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation in his letter, dated 16.08.2021 to direct the respondents 1 & 2 to issue suitable direction to the 3rd respondent to remove the petitioner name from the History sheet No.1 of 2013 cum Rowdy sheet maintained by the 3rd Respondent.
For petitioner : Mr.M.Krishnamoorthy For Respondents : Mr.A.Damodaran, Additional Public Prosecutor 1/6
O R D E R
This Writ Petition has been preferred seeking direction to the Respondents 1 and 2 to issue suitable direction to the 3rd respondent to remove the name of the petitioner from the History sheet No.1 of 2013 cum Rowdy sheet maintained by the 3rd Respondent.
2. The petitioner is a practicing advocate of the High Court of Madras. The case has been registered against him in Crime No.247 of 2013 under Sections 147, 148, 324, 120 (b) and 302 of I.P.C r/w. Section 3 of the Explosive Substance Act. Thereafter, the petitioner himself has surrendered before the XV Metropolitan Magistrate, Chennai. However, the 3rd respondent has sponsored for preventive detention case under Act 14 of 1982. However, the said detention was quashed by this Court vide order, dated 03.09.2013 in H.C.P. No.1467 of 2013. Thereafter, the petitioner was released on bail on 11.09.2013. On 24.05.2013, the 3rd respondent opened a Rowdy Sheet cum History Sheet against the petitioner in accordance with Police Standing Order - PSO 746, 748, 749 (1) & 758. According to the petitioner, he has not involved in any other criminal activities as alleged by the respondent Police and no criminal case has been registered against him, 2/6
except the case above mentioned. The 3rd respondent is harassing the petitioner every now and then and due to which, his family peace is lost and his reputation in the society is also affected.
3. It is brought to the notice of this Court that earlier the petitioner herein has filed a Writ Petition in the year 2014 in W.P.No.10953 of 2014, seeking the same relief, wherein this Court has given a direction to the respondents to consider the representation, dated 03.04.2014 and pass appropriate orders as expeditiously as possible. Despite the same, the representation of the petitioner has not been considered by the respondents so far. No records are produced to show that the petitioner had involved in any other criminal case in the interregnum.
4. In these circumstance, I feel it is appropriate for the respondents to genuinely consider the representation of the petitioner and do the needful. It is true that to hold the name of the petitioner in history sheet cum Rowdy sheet would spoil his future and his reputation in the society. Taking into consideration the earlier order of this court passed in W.P.No.10953 of 3/6
2014, dated 22.04.2014, the respondents 1 and 2 are bound to consider the representation of the petitioner at the earliest. Since the respondents did not abide the order of this Court, I feel it is appropriate to direct the respondents to consider atleast the fresh representation made by the petitioner, dated 16.04.2021.
5. In view of the above, the respondents 1 and 2 are directed to consider the representation of the petitioner, dated 16.04.2021 and pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is allowed. No costs. 19.10.2022 vum Index:yes/No Speaking order / Non speaking order To 4/6
1. The Superintendent of Police, Thiruvallur District, Thiruvallur.
2. The Deputy Superintendent of Police, Uthukottai, Thiruvallur District.
3. The Inspector of Police, C-2, Periyapalayam Police Station, Thiruvallur District 5/6
R.N.MANJULA,J.
vum 19.10.2022 6/6