R.Muthaiyan v. The Assistant Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.9.2023 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Muthaiyan ... Petitioner Vs.

1. The Assistant Commissioner of Police, Kolathur Range, Kolathur, Chennai.

2. The Inspector of Police, V-1, Villivakkam Police Station, Villivakkam, Chennai-600 049.

... Respondents PRAYER : Writ Petition filed under Article 226 of constitution of India to issue a Writ of Mandamus directing the respondents to delete the petitioner's name in the History Sheet maintained by the 2nd respondent herein based on his representation dated 25.05.2023.

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For Petitioner :

Mr.E.Karthik Raja For Respondents :

Mr.A.Damodaran, Additional Public Prosecutor

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents police to delete the name of the petitioner from the history sheet maintained by the 2nd respondent.

2.

The case of the petitioner is that he received an information under the RTI Act that he has been made as an history sheeter.

3.

The further case of the petitioner is that no case has been registered against the petitioner and hence, he gave representation dated 25.05.2023 to the respondents 1 and 2 to cancel the Rowdy History sheet maintained against him. But, there 2/5

is no response from the respondents till date. Since the representation made by the petitioner was not considered, the present writ petition has been filed before this Court. 4.

Heard the learned counsel for the petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor, appearing on behalf of respondents.

6.

Taking into consideration the facts and circumstances of the case, there shall be a direction to the 2nd respondent to immediately act on the representation made by the petitioner on 25.05.2023 and deal with the same in accordance with the guidelines issued by this Court in [Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Anna Nagar, (L&O) Range, Maurai city, Madurai and others] in 2018 4 MLJ Crl. 585 and in [Thirumurugan and another Vs. The Superintendent of Police, Madurai] reported in 2020 2 LW crl 266 and pass appropriate 3/5

orders, within a period of four weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the 2nd respondent along with a copy of this order.

7.

This writ petition is disposed of with the above directions. No costs.

14.09.2023 Index : Yes/No Speaking Order : Yes/No rka To

1. The Assistant Commissioner of Police, Kolathur Range, Kolathur, Chennai.

2. The Inspector of Police, V-1, Villivakkam Police Station, Villivakkam, Chennai-600 049.

3. The Public Prosecutor, High Court, Madras. N.ANAND VENKATESH,J 4/5

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