Y.Mohan v. The State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 18.06.2026 Coram The Hon'ble Mr.Justice G.K.Ilanthiraiyan W.P.(Crl) No.1369 to 1372 of 2026 1.Y.Mohan
...Petitioner in W.P.(Crl) No.1369 of 2026
2. K.Nadhamuni ...Petitioner in W.P.(Crl) No.1370 of 2026
3. E.Jagadeesh
...Petitioner in W.P.(Crl) No.1371 of 2026
4. E.Krishnamoorthy
...Petitioner in W.P.(Crl) No.1372 of 2026
Vs.
1. The State rep. By The Superintendent of Police, Thiruvallur District, Thiruvallur.
2. The Deputy Superintendent of Police Thiruttani, Thiruvallur District.
3. The Inspector of Police R.K. Pet Police Station Tirutani Sub Division Thiruvallur Division.
4. The Sub-Inspector of Police D- 6, Pothatturpet Police Station Tirutani Sub Division Thiruvallur Division.
..Respondents in all Writ Petitions (Criminal). Prayer in all W.Ps.(Crl) :- These Writ Petitions filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for records of the impugned order of the second respondent dated 05.07.2024 and the order of the fourth respondent dated Nil served on 07.07.2024 to quash the same and 1/7
consequently, to direct the respondents to remove the petitioner's name from the record of history sheet in H.S.Nos.18, 15, 16 & 17 of 2020 respectively maintained by the fourth respondent.
For Petitioner in all cases : Mr. P.Krishnan For Respondent in all cases : Mr.R.Ganesh Kumar Government Counsel (Crl.Side) COMMON ORDER With consent, all these Petitions are taken up for final disposal at the stage of admission itself.
2. These Writ Petitions have been filed challenging the Orders passed by the second and the fourth respondents dated '05.07.2024' and 'Nil served on 07.07.2024 respectively and to quash the same and consequently, to direct the respondents to remove the petitioners name from the record of history sheet in H.S.Nos.18, 15, 16 & 17 of 2020 respectively maintained by the fourth respondent.
3. Since the issue involved in all these Petitions and the relief sought for herein are identical in nature, all these Petitions were heard together and disposed of vide this Common Order.
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4. Heard the learned counsel appearing for the petitioners and the learned Government Counsel (Crl.Side) for the respondent-State and perused the materials available on record.
5. A perusal of the records would reveal that the petitioners are arrayed as accused in Cr.Nos.350 of 2018 for offence punishable under the provisions of Indian Penal Code, SC/ST (Prevention of Atrocities) Act and POCSO Act.
6. The learned counsel appearing for the petitioners would contend that the petitioners are facing trial in Special Sessions Cases, therefore, History Sheets were opened in respect of the petitioners in pursuant to the registration of FIRs against them. Challenging the same, the petitioners approached this Court by way of Criminal Original Petitions and the same were disposed of by this Court by directing the petitioners to give fresh representations to the fourth respondent. Despite the same, the fourth respondent instead of considering the representations submitted by the petitioners recommended for initiation of proceedings by the R.D.O. under Section 110 of Cr.P.C., pursuant to which, the petitioners have been summoned to appear before the R.D.O. and directed to execute a bond. 3/7
Since the petitioners have failed to appear before the R.D.O. to execute bonds under Section 110 of Cr.P.C., the impugned orders came to be passed against the petitioners. Therefore, the learned counsel appearing for the petitioner prays for setting aside the impugned orders.
7. Per contra, the learned Government Counsel for the RespondentState would submit that pursuant to registration of FIR's against the petitioners, History Sheets have been opened and binded over by the R.D.O. Tiruttani under Section 110 of Cr.P.C. for a period of three years. Since the petitioners failed to appear before the R.D.O to execute a bond, despite being summoned, the respondents were constrained to pass the impugned orders. Therefore, it is contended that the impugned Orders passed by the respondents does not warrant any interference of this Court.
8. Admittedly, pursuant to registration of FIRs against the petitioners, History Sheets have been opened against the petitioners and the same were binded over by the R.D.O. Tiruttani for a period of three years. The petitioners were called upon to appear for enquiry by the R.D.O and to execute bonds, since they failed to appear, the respondents have passed the impugned Orders. Though it is the contention of the learned counsel for the 4/7
petitioners that only Executive Magistrate have power to initiate proceedings under Section 110 of Cr.P.C, and the fourth respondent, being Police Authority is not entitled to issue notice of summon, the same has nothing to do with the present issue,since, in the present cases, the History Sheets were opened against the petitioners in the year 2020 and were not binded over from the date of opening even for a single time. Since the petitioners failed to execute bond in terms of Section 110 of Cr.P.C., the History Sheets opened against the petitioners were ordered to be maintained by the fourth respondent till the disposal of the Criminal Cases by virtue of the impugned Order only Records of History Sheets were ordered to be maintained till the dipsosal of the criminal cases against the petitioners since bind over was not done.
9. Therefore, this Court does not find any infirmity or illegality in the Order passed by the respondents. Accordingly, all the Writ Petitions are dismissed. However, since it is brought to the notice of this Court that the fourth respondent, under the guise of eqnuiry is persecuting the petitioners, the fourth respondent is hereby directed not to harass the petitioners under the pretext of enquiry.
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10. With the above observations, all these Writ Petitions are dismissed.
18.06.2026 sd To
1. The State rep. By The Superintendent of Police, Thiruvallur District, Thiruvallur.
2. The Deputy Superintendent of Police Thiruttani, Thiruvallur District.
3. The Inspector of Police R.K. Pet Police Station Tirutani Sub Division Thiruvallur Division.
4. The Sub-Inspector of Police D- 6, Pothatturpet Police Station Tirutani Sub Division Thiruvallur Division.
5. The Public Prosecutor, High Court, Madras. 6/7
G.K.Ilanthiraiyan,J., sd W.P.(Crl) No.1369 to 1372 of 2026 18.06.2026 7/7