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Madras High CourtWP/23948/2021disposed of

K.Sunder v. The Superintendent Of Police

2021-11-10Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.23948 of 2021 K.Sunder

...Petitioner

Versus

1. The Superintendent of Police Cuddalore District Cuddalore.

2. The Inspector of Police Annamalai Nagar Police Station Cuddalore District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 04.10.2021 in accordance with law and to remove the petitioner's name in the History Sheet H.S.No.417 of 2014 on the file of the second respondent herein to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.A.Damodaran Additional Public Prosecutor

O R D E R

The Writ Petition has been filed to direct the first respondent to consider the representation of the petitioner dated 04.10.2021 in accordance with law and remove the petitioner's name in the History Sheet H.S.No.417 of 2014 on the file of the second respondent herein to secure the ends of justice.

2. The petitioner is a political person and resident of Chidambaram. He has been shown as History Sheeter in HS.No.417 of 2014 by the Annamalai Nagar Police Station, Chidambaram, Cuddalore District. Hence, the petitioner sent a representation to the Superintendent of Police, Cuddalore, on 04.10.2021, disclosing the facts that he is the secretary of Chidambaram Town AIADMK party between 1998 and 2016 and his wife was a https://hcservices.ecourts.gov.in/hcservices/

Chairman of Chidambaram Municipality from 2011 to 2016. Further, he is an Income Tax Assessee. This being the case, citing a family dispute case in the year 2014, including the petitioner's name in the History Sheet is not proper.

3. The learned Additional Public Prosecutor has submitted that the petitioner is a C-Category rowdy involved in five cases in Crime Nos.289 of 2007, 554 of 2011, 714 of 2012, 684 of 2014 and 539 of 2017 of Chidambaram Town Police Station. He further submitted that the petitioner is being active not only in politics, but also in rowdyism, hence his name is retained. He further submitted that the petitioner's representation would be considered if no material is found against him to retain his name in the History Sheeter.

4. Considering the submission of the learned Additional Public Prosecutor and also the submission of the learned counsel for the petitioner, the Superintendent of Police, Cuddalore is directed to consider and pass appropriate orders on the representation of the petitioner seeking removal of his name from the History Sheeter in HS.No.417 of 2014 within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dna To

1. The Superintendent of Police Cuddalore District, Cuddalore.

2. The Inspector of Police Annamalai Nagar Police Station Cuddalore District.

3. The Public Prosecutor High Court, Madras.

W.P.No.23948 of 2021 BR(CO) RGA(29/11/2021) https://hcservices.ecourts.gov.in/hcservices/