K. Kan Ilango v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR K.Kan Ilango .. Petitioner Vs

1. The Superintendent of Police O/o The Superintendent of Police Ramanathapuram District

2. The Deputy Superintendent of Police O/oThe Deputy Superintendent of Police Rameshwaram Ramanathapuram District

3. The Inspector of Police Town Police Station Rameswaram Ramanathapuram District .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to remove the petitioner's name from the history Sheet maintained on the file of the third respondent by considering the petitioner's representation dated 02.01.2025 within the time frame by this Court. 1/6

For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.A.Thiruvadikumar No.1 to 3 Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the respondents to remove the petitioner's name from the history Sheet maintained on the file of the third respondent by considering the petitioner's representation dated 02.01.2025 within the time frame by this Court.

2. The petitioner has sent a representation on 02.01.2025 to the respondents 1 to 3 seeking to remove the petitioner's name from the History sheet in H.S. No.306 of 2012, but no action has been taken, hence the present petition has been filed.

3. The contention of the petitioner is that for the past 10 years i.e., from 2015 there have been no reviews on the petitioner's complaint and the history sheet has been retained mechanically. He further submitted that on a police verification report issued on 23.01.2024 it was projected as though a case in Crime No..274 of 2022 was pending against 2/6

the petitioner and it is under investigation. This Court in Crl.O.P(MD) No.20780 of 2024 by an order dated 28.11.2024 had quashed the case in Crime No. 274 of 2022 and as such there is no case against him justifying the retention of the name of the petitioner in the history sheet. The petitioner has now become a political party worker of a party and questioning the arbitrary act of the authorities for which a false case has been registered against the petitioner. Now almost all the cases have been closed. Hence there is no justification in retaining the petitioner's name in the history sheet.

4. The learned Additional Public Prosecutor submitted that the petitioner has been involved in one case or another from the year 2013 On 30.01.2012 the petitioner's name was recorded in the history sheet in H.S. No. 306 of 2012. He further submitted that since the petitioner has criminal history to have a watch on the petitioner movement and to avert any criminal act his name was retained in the history sheet. He fairly submitted that there is no serious cases pending against the petitioner as on date.

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5. In view of the same, the third respondent is directed to remove the petitioner's name from History Sheet in H.S. No. 306 of 2012, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands allowed. No costs.

23.01.2025 Index: Yes/No Internet : Yes/No aav To

1. The Superintendent of Police O/o The Superintendent of Police Ramanathapuram District

2. The Deputy Superintendent of Police O/oThe Deputy Superintendent of Police Rameshwaram Ramanathapuram District

3. The Inspector of Police Town Police Station Rameswaram Ramanathapuram District 4/6

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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M.NIRMAL KUMAR, J.

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