Manikandan G v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP G.Manikandan ... Petitioner Vs.

1. The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2. The Deputy Superintendent of Police, Papanasam Sub-Division, Thanjavur District.

3. The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second Respondents to remove the Petitioner's name in History Sheet in H.S.No.591 of 2020 maintained by the third Respondent, based on the representation of the Petitioner dated 13.12.2023 in accordance with law within time stipulated by this Court.

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For Petitioner : Mr.K.M.Karunakaran For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl. side)

O R D E R

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition seeking Writ of Mandamus, directing the Respondent Police to remove the Petitioner's name from the history sheet in H.S.No.591 of 2020, maintained by the third Respondent.

2. The learned Counsel for the Petitioner further contended that the case has been foisted against the Petitioner which was taken on file as Sessions case on the file of the learned Additional District and Sessions Judge (PCR) cases, Thanjavur. The case had ended in acquittal in SC.No.200 of 2021, as per the judgment dated 16.11.2022. Except this, no other cases are pending against the Petitioner. Therefore, the Petitioner seeks to remove his name in the history sheet maintained by the Respondents 2 and 3. It is his further contention that the Petitioner is a B.E., Graduate and working in I.T Sector.

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3. The learned Government Advocate (Criminal side) vehemently objected to the submissions of the learned Counsel for the Petitioner. Also he had filed a detailed counter. On perusal of the counter it is found that the cases are of the year 2020.

4. The learned Counsel for the Petitioner submitted that the cases ended up in acquittal and he had also enclosed the copy of the judgment of acquittal recorded in SC.No.200 of 2021 dated 16.11.2022. Under these circumstances, the contents of the counter is rejected.

5. The Respondents are directed to remove the name of the Petitioner from the history sheet.

6. In view of the above, this Writ Petition is allowed. No costs. 11.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No jbr 3/5

To

1. The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2. The Deputy Superintendent of Police, Papanasam Sub-Division, Thanjavur District.

3. The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

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SATHI KUMAR SUKUMARA KURUP, J.

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