K.Thiruna @ Thirunavukarasu v. The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2019 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.23799 of 2019 K.Thiruna @ Thirunavukarasu .. Petitioner Vs.
1. The Commissioner of Police, Chennai City Police Commissionerate, Vepery, Chennai - 600 007.
2. The Assistant Commissioner of Police, Ayanavaram, Chennai - 600 023.
3. The Inspector of Police, D-3, Ice House Police Station, Chennai - 600 005.
4. The Inspector of Police, K2 Ayanavaram Police Station, Chennai - 23.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to remove the name of petitioner, K.Thirunavukarasu @ Thiruna son of Krishnan aged 50 years, residing at No.23/2, Solaiamman Kovil Street, Ayanavaram, Chennai - 600 023, from the Station Crime histroy sheet maintained under Chapter XLII-PSO 742 to 763 of Police Standing Orders, from the station house records of the 14th respondent by observing due procedure and to complete within a time frame limit.
For Petitioner : Mr.P.G.Thiyagu For Respondents : Mr.Iyyapparj Additional Public Prosecutor
ORDER
The grievance of the petitioner is that the history sheet has been opened in the name of the petitioner illegally and that owing to the subsequent antecedents, the name requires to be removed from the history sheet. The decision to have the petitioner's name removed from the history sheet could fall within purview of the Assistant Commissioner of Police and this
Court by exercising its power under Article 226 of Constitution of India cannot step into the shoes of the detaining authorities for the purpose of considering the petitioner request for removal of the name from the history sheet.
2.Nevertheless, if a direction is given to the concerned authority to consider the request of removal of the name from the history sheet, the ends of justice would be secured. The learned counsel for the petitioner also relied upon the decision of this Court in W.P.No.1965 of 2018, etc., in the case of Sabari vs. Assistant Commissioner of Police, reported in 2018 LW (Crl) 817. Yardstick has been given for consideration of such a request for removal of name in the history sheet. It would be appropriate that when the respondents consider the such request removal of the name, this yardstick can be applied. 3.
In the light of the above observations, the petitioner is granted liberty to approach the Assistant Commissioner of Police with the representation seeking for removal of his name from the history sheet maintained by the respondent police and on such a representation, the Assistant Commissioner of Police shall consider the same on its own merits and in accordance with law, as well as the observation made by this Court in this order and pass appropriate orders preferably within a period of four weeks from the date of receipt of such representation. 4.Accordingly, this writ petition is disposed of. No Costs.
1. The Commissioner of Police, Chennai City Police Commissionerate, Vepery, Chennai - 600 007.
2. The Assistant Commissioner of Police, Ayanavaram, Chennai - 600 023.
3. The Inspector of Police, D-3, Ice House Police Station, Chennai - 600 005.
4. The Inspector of Police, K2 Ayanavaram Police Station, Chennai - 23.
5. The Public Prosecutor, High Court, Madras.
+1 CC to Mr.P.G.Thiyagu, Advocate sr 87204.
W.P.No.23799 of 2019 RSV(CO) SP(05/11/2019)