K.Seetharaman v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2022
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR W.P.No.27588 of 2021 K.Seetharaman ... Petitioner Vs.
1. The Superintendent of Police, Ariyalur District, Ariyalur.
2. The Deputy Superintendent of Police.
Jayankondam, Ariyalur District.
3. The Inspector of Police, Erumbulikurichi Police Station, Ariyalur District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondent 1 and 2 to delete the petitioner's name from the history sheet rowdy list in H.S.No.4 of 2004 pending on the file of the 3rd respondent, based on the petitioner representation dated 15.11.2021 within the time framed by this Hon'ble Court. For Petitioner : Mr.K.Gandhi Kumar For Respondents: Mr.E.Raj Thilak, Additional Public Prosecutor.
ORDER
This petition has been filed to direct the respondents 1 and 2 to delete the petitioner's name from the history sheet rowdy list in H.S.No.4 of 2004, pending on the file of the third respondent, based on the petitioner's representation dated 15.11.2021.
2. The grievance of the petitioner is that the petitioner has been arrayed as history sheeter, in H.S.No.4 of 2004, for his involvement in crime No.229/2002, on the file of
Erumbulikurichi Police Station. Thereafter, the petitioner has been detained without any material and despite the petitioner making representation not to involve him in any case, the petitioner is now being compelled to execute bond under Section 110 Cr.P.C. as though he is a regular offender. Now the petitioner apprehends that he might be arrested under Goondas Act and the respondent police is unnecessarily harassing his aged father and for removal of his name from the history sheet rowdy list in H.S.No.4 of 2004, the petitioner has filed this present petition.
3. The learned Additional Public Prosecutor submitted that the petitioner is involved in criminal cases right from 2002 and therefore, H.S.No.4 of 2004 is opened.
The petitioner thereafter periodically involved in criminal cases in the year 2009 & 2015. The petitioner is a regular offender and a notorious person, hence, retaining of the petitioner's name in history sheeter list is necessary.
4. Considering the materials and from the representation of the petitioner, it is seen that as on date, no case is pending against the petitioner and further, he had given a representation dated 15.11.2021, which was received by the Superintendent of Police on 20.11.2021, thereafter, no orders has been passed. In view of the same, the Superintendent of Police, Ariyalur, is directed to pass orders on the representation of the petitioner within four weeks from the date of receipt of a copy of this order.
5.With the above directions, the writ petition is disposed of. No costs.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR sli To
1. The Superintendent of Police, Ariyalur District, Ariyalur.
2. The Deputy Superintendent of Police.
Jayankondam, Ariyalur District.
3. The Inspector of Police, Erumbulikurichi Police Station, Ariyalur District.
4. The Public Prosecutor, High Court, Madras.
+1cc to Mr.K.Gandhi Kumar, Advocate Sr.121 W.P.No.27588 of 2021 um[co] srg 27/01/2022