G.V.Nagaraj v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2023 CORAM :

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH G.V.Nagaraj .. Petitioner

Versus

1. The Superintendent of Police, Salem District (Rural), Salem - 636 002.

2. The Inspector of Police, Thammampatty Police Station, Salem District.

.. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 and 2 to delete the petitioner's name from the History Sheet Rowdy List in H.S.No.266 of 2020 pending on the file of the 2nd respondent, based on the petitioner's representation, dated 21.06.2023 within the time framed by the Court.

For Petitioner : Mr.K.Gandhi Kumar For Respondents : Mr.A.Damodaran, Additional Public Prosecutor 1/5

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondent Police to remove the name of the petitioner from the History Sheet Rowdy List in H.S.No.266 of 2020 pending on the file of the second respondent by considering the representation made by the petitioner dated 21.06.2023.

2. The case of the petitioner is that the second respondent opened a History Sheet against the petitioner in the year 2020 in H.S.No.266 of 2020. Thereafter, an F.I.R was registered in Crime No.211 of 2021 against the petitioner and after filing of charge sheet in C.C.No.79 of 2022 on the file of the learned Additional Sessions Judge, Attur, the case was trailed and the petitioner was acquitted by the judgment, dated 27.04.2023.

3. The further case of the petitioner is that he is working as a Taluk Reporter in a news channel named Red News. He was affiliated with the Communist Party of India and since he questioned his Ward Councilor about the non-implementation of the schemes introduced by the Government, he had been beaten and a case was registered against him. 2/5

But, however, he was acquitted from that case. The grievance of the petitioner is that though the petitioner is not involved in any criminal activity nor engaged with any antisocial element and has always voiced for the voiceless, the second respondent Police continues to retain the name of the petitioner in the History Sheet only with personal motive and vengeance and in order to harass him. Therefore, the petitioner made a representation to remove his name from the History Sheet. Since the same was not considered, the present Writ Petition has been filed before this Court.

4. Heard Mr.K.Gandhi Kumar, learned Counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for the respondents.

5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the second respondent to act upon the representation made by the petitioner and deal with the same in accordance with the guidelines issued by this Court in [Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Anna Nagar, (L&O) Range, Maurai city, Madurai and others] in 2018 4 MLJ Crl. 585 and in [Thirumurugan and another Vs. The Superintendent of Police, Madurai] reported in 2020 3/5

2 LW Crl. 266 and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the second respondent along with a copy of this order.

6. This Writ Petition is disposed off with the above directions. No costs.

24.07.2023 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Public Prosecutor, High Court of Madras.

2. The Superintendent of Police, Salem District (Rural), Salem - 636 002.

3. The Inspector of Police, Thammampatty Police Station, Salem District.

4/5

N.ANAND VENKATESH, J.

grs 24.07.2023 5/5