A.Venkatesan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2019

CORAM:

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM W.P.No.33633 of 2019 A.Venkatesan ... Petitioner Vs.

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

2. State rep. By The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai 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 issue a necessary direction to the 2nd respondent to delete the Petitioner's name from the history sheet maintained by the second respondent based on the petitioner's representation made to the respondents dated 30.06.2017.

For Petitioner : Mr.K.Semmalai For Respondents : Mr.M.Mohamed Riyaz, Additional Public Prosecutor

O R D E R

This petition has been filed to issue a writ of Mandamus directing the first respondent to issue a necessary direction to the 2nd respondent to delete the Petitioner's name from the history sheet maintained by the second respondent based on the petitioner's representation made to the respondents dated 30.06.2017.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3.The learned counsel for the petitioner has submitted that the petitioner has completed M.A. B.Ed. Course and he is now doing Real Estate Business and he is also affiliated to a political party and some people who are enemically towards the petitioner have given false complaints. The second respondent was booked several false cases against him. During the year 2006 - 2008 his name was included in the History sheet maintained by the second respondent. Subsequently he had been acquitted from all the above said false cases. Therefore, the petitioner has made a representation to the respondents on 30.06.2017 to delete his name from the history sheet, but so far no action has been taken on the said representation and hence he requests to direct the respondents to pass an appropriate order on the petitioner's representation.

4.This Court has carefully considered the submissions made on either side and also the materials available on record. 5.Taking into consideration the facts and circumstances of the case, there shall be a direction to the second respondent police to consider the representation dated 30.06.2017 made by the petitioner to delete the name of the petitioner from the history sheet and deal with the same in accordance with the guidelines given by this Court in the case of Sabari @ Sabarigiri vs. Assistant Commissioner of Police, Annanagar (L and O) Range, Madurai City, Madurai and others reported in (2018) 4 MLJ (Crl.) 585. This process shall be completed by the second respondent police within a period of six weeks from the date of receipt of a copy of this order.

6.This Writ Petition is disposed of with the above direction.

Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar ebsi To

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

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

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.K.Semmalai, Advocate, SR.No.103362. W.P.No.33633 of 2019 RGN(CO) CSR: 12.03.2020