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Madras High CourtWP/22569/2021disposed of

Kathiresan v. The Commissioner Of Police

2021-10-25Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.22569 of 2021 Kathiresan

...Petitioner

Versus

1. The Commissioner of Police, Veppery, Chennai.

2. The Assistant Commissioner of Police, SRMC Porur,Chennai.

3. The Inspector of Police, Mangadu Police Station, Kancheepuram District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constituion of India, to issue a Writ of Mandamus, directing the respondents to delete the name of the petitioner from the History Sheet list maintained by the third respondent police station as HS No.03/2010.

For Petitioner : Mr.R.Sasikumar For Respondents: Mr.R.Vinoth Raja Government Advocate(Crl.Side)

O R D E R

This Writ Petition is filed to direct the respondents to delete the name of the petitioner from the History Sheet list maintained by the third respondent police station as HS No.03/2010.

2.The learned counsel for the petitioner submits that in the year 2009, the Poonamallee Police Station registered the cases in Crime No.138 of 2009 for offence under Section 394 IPC and Crime No.807 of 2009 for offence under Section 297 IPC and subsequently the petitioner was acquitted by the Judicial Magistrate No.II, Poonamallee in both the cases vide C.C.No.99 of 2010 dated 12.09.2017 and C.C.No.93 of 2010 dated 01.11.2017. But the third respondent police willfully added the petitioner's name in the history sheet list maintained by the third respondent as HS No.03/2010, though no case was registered by the third respondent police. Though all the false cases ended in favour of the petitioner, the third respondent did not come https://hcservices.ecourts.gov.in/hcservices/

forward to delete the name of the petitioner from the History Sheet. Hence the petitioner sent a detailed representation dated 05.10.2021 to the first respondent requesting to remove his name from the history sheet. But till date no action was taken by the respondents. Hence, this Writ Petition is filed. 3.The learned Government Advocate (Crl.Side) appearing for the respondent Police would submit that the petitioner's representation dated 05.10.2021, has been received by the respondent police and within a period of eight weeks, the representation of the petitioner would be considered and thereafter, appropriate orders would be passed. 4.In view of the above, the respondent police is directed to consider the representation of the petitioner dated 05.10.2021, within a period of eight weeks, from the date of receipt of a copy of this order and pass appropriate orders in accordance with law.

5.With the above direction, this Writ Petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ah To

1. The Commissioner of Police, Veppery, Chennai.

2. The Assistant Commissioner of Police, SRMC Porur,Chennai.

3. The Inspector of Police, Mangadu Police Station, Kancheepuram District.

4. The Government Advocate (Crl.side) High Court, Madras.

+1cc to Mr.R.Sasikumar, Advocate, S.R.No.54597 W.P.No.22569 of 2021 JPL(CO) RGA(22/11/2021) https://hcservices.ecourts.gov.in/hcservices/