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Madras High CourtWP/36291/2023disposed of

Varatharajan v. The Superintendent Of Police

2024-01-03Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Varatharajan S/o.Poonusamy ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Cuddalore District.

2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thittakudi Sub-Division, Cuddalore District.

3.The Inspector of Police, Veppur Police Station, Cuddalore District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus directing the respondents to remove the petitioner's name in the History Sheet No.06/2020 maintained by the third respondent in pursuant to the petitioner's representation dated 1/4

26.09.2023.

For Petitioner : Mr.P.Muthamizh Selvakumar For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus directing the respondents to remove the petitioner's name from the History Sheet No.06/2020 pending on the file of third respondent by considering the petitioner's representation dated 26.09.2023.

2. The case of the petitioner is that a case has been registered against the petitioner in Crime No.377 of 2021 on the file of third respondent for alleged offence u/s.7(i)(a) of Criminal Law Amendment Act, 2005. Except this case, no other case is pending against the petitioner. However, the third respondent has included the name of the petitioner in History Sheet No.06/2020. The petitioner submitted a representation dated 26.09.2023 to the respondents to remove his name from the history sheet. Since no action was taken on the representation of the petitioner, the present writ petition 2/4

has been filed seeking for the aforesaid relief.

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

4. Taking into consideration the facts and circumstances of the case, there shall be a direction to the respondents to act on the representation made by the petitioner 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, Madurai city, Madurai and others [2018 4 MLJ Crl. 585] and Thirumurugan and another Vs. The Superintendent of Police, Madurai [2020 2 LW crl 266] and pass appropriate orders, within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the respondents along with a copy of this order. N.ANAND VENKATESH, J 3/4

gm This writ petition is disposed of with the above direction. No costs. 03.01.2024 Index : Yes/No Speaking Order/Non-speaking Order gm To 1.The Superintendent of Police, O/o.The Superintendent of Police, Cuddalore District.

2.The Deputy Superintendent of Police, O/o. Deputy Superintendent of Police, Thittakudi Sub-Division, Cuddalore District.

3.The Inspector of Police, Veppur Police Station, Cuddalore District.

4.The Public Prosecutor, High Court of Madras.

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