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Madras High CourtWP/24526/2021disposed of

B.Durai v. The Superintendent Of Police

2021-11-18Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.24526 of 2021 B.Durai ... Petitioner

Versus

1.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2.The Inspector of Police, Ponnur Police Station, Thiruvannamalai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ, order of direction in the nature of writ directing the 1st respondent to remove the petitioner's name from the History Sheet in H.S.No.2 of 2019 maintained by the 2nd respondent within a time frame fixed by this Court. For Petitioner :

Mr.K.C.Karl Marx For Respondents :

Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the 1st respondent to remove the petitioner's name from the History Sheet in H.S.No.2 of 2019 maintained by the 2nd respondent. 2.The learned counsel for the petitioner submitted the petitioner has been falsely implicated in several cases for statistical purpose. In the year 2019, the petitioner's name has been included in the History Sheet in H.S.No.2 of 2019 and thereafter, he had not come into any adverse notice. Despite the same, his name is unnecessarily retained in the History Sheet. In order to delete the name of the petitioner, he sent a representation to the respondents, but no action taken. Hence, he filed this petition seeking appropriate direction. 3.The learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner is a notorious https://hcservices.ecourts.gov.in/hcservices/

person, and is involved in several cases. He further submitted that the petitioner has involved in four cases in Crime No.157 of 2019 on the file of the respondent Police; Crime No.61 of 2018 on the file of Vaniyambadi Police Station, Tiruvannamalai and Crime Nos.142 & 217 of 2019 on the file of Vandavasi Police Station, Tiruvannamalai. The representation of the petitioner has been received by the respondents, which would be considered in short time.

4.Considering the submissions made on both sides, this Court directs the 1st respondent to consider the representation of the petitioner and dispose of the same in accordance with law within a period of three months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar vv2 To 1.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

2.The Inspector of Police, Ponnur Police Station, Thiruvannamalai District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Ms.K.C.Karl Marx, Advocate SR.No.59593 W.P.No.24526 of 2021 AJS(CO) GMY(07/12/2021) https://hcservices.ecourts.gov.in/hcservices/