Ajithkhan.S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.2307 of 2024 and W.M.P.(MD) No.2315 of 2024 S.Ajithkhan ... Petitioner /vs./ 1.The Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records pertaining to impugned police verification report in PVR No.S5892300422848 dated 30.11.2023 issued by the second Respondent and to quash the same and consequently direct the Respondents to issue proper police verification report within a reasonable time period to be fixed by this Court. 1/5

For Petitioner : Mr.G.Aravinthan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

The learned Counsel for the Petitioner submits that the Petitioner had filed this Writ Petition seeking Certiorarified Mandamus, calling for the records pertaining to impugned police verification report in PVR No.S5892300422848 dated 30.11.2023 issued by the second Respondent and quash the same. He invited the attention of this Court to the police verification report, wherein it is stated that the Petitioner's name was found in the criminal case, as per the records maintained in the Police Department in Crime No.80 of 2023 for the offences under Sections 341, 448, 294(b), 323, 324, 506(ii) and 307 IPC. Till date, the case is not taken on file. In the same verification report, it is mentioned as remarks of the Approving Authority that the applicant involved in Anjugramam Police Station Crime No.80 of 2023 under Sections 341, 448, 294(b), 323, 324, 506(ii) and 307 IPC. At the time of filing the final report, the name of the applicant had been removed from the final report.

2/5

2.The learned Additional Public Prosecutor, on instructions of the Respondents, would submit that after investigation, it was found that the Petitioner was not involved in crime. Therefore, the Police had filed the final report deleting the name of the Petitioner herein from the final report. Therefore, it is in favour of the Petitioner only. Still, the Petitioner seeks to remove his name from the FIR. On filing of the final report, there is a possibility during trial that the witness may depose.

Recording the submission of the learned Additional Public Prosecutor, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

06.02.2024 Index : Yes / No Internet : Yes / No mm TO:

1.The Superintendent of Police, Kanyakumari District at Nagercoil.

3/5

2.The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

mm Order made in W.P.(MD)No.2307 of 2024 Dated:

06.02.2024 5/5