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Madras High CourtWP(MD)/5995/2021disposed of

Ramesh Kumar v. The Superintendent Of Police

2021-03-17Honourable Mrs Justice R. Hemalatha2 pages

W.P.(MD)No.5995 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.HEMALATHA W.P.(MD)No.5995 of 2021 Ramesh Kumar

...Petitioner

/Vs./ 1.The Superintendent of Police, Kanniyakumari District, Kanniyakumari.

2.The Deputy Superintendent of Police, Thuckalay, Kanniyakumari District.

3.The Inspector of Police, Kaliyakkavilai Police Station, Kanniyakumari District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the second respondent to remove the petitioner's name from the History Sheet H.S.No.58 of 2018, which is being maintained by the third respondent. For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mr.A.Robinson Government Advocate (Criminal Side)

ORDER

The present petition is filed by the petitioner seeking for a direction to the respondents to remove his name from the History Sheet H.S.No.58 of 2018. The main grievance of the petitioner is that his representation dated 28.02.2021 has not been considered till date.

2.Mr.A.Robinson, learned Government Advocate (Criminal Side) who accepts notice on behalf of the respondents, on instructions, would contend that the representation of the petitioner is under consideration.

3.In the circumstances, the Deputy Superintendant of Police (L& O), Kanniyakumari, is directed to dispose of the representation submitted by the petitioner based on findings and on merits, within https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.5995 of 2021 a period of two weeks from the date of receipt of a copy of this order/uploading of the order, keeping in mind the guidelines issued in the decisions in Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Annanagar ( L&O) Range, Madurai City, Madurai and Others reported in 2018 4 MLJ (Crl) 585 and Thirumagan Vs. The Superintendant of Police, Madurai District reported in 2020 (2) LW (Crl) - 266.

4.With the above observation, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Kanniyakumari District, Kanniyakumari.

2.The Deputy Superintendent of Police, Thuckalay, Kanniyakumari District.

3.The Inspector of Police, Kaliyakkavilai Police Station, Kanniyakumari District.

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

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-12135[F] dated 18/03/2021 ) W.P.(MD)No.5995 of 2021 17.03.2021 RK (29.04.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2