Alagarsamy.P v. The Commissioner Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR P.Alagarsamy ... Petitioner Vs.
1.The Commissioner of Police, Madurai City.
2.The Assistant Commissioner of Police, Anna Nagar Range, Madurai City.
3.The Inspector of Police, Anna Nagar Police Station, Madurai District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, directing the respondents 1 to 3 to consider the petitioner's representation dated 17.02.2024 and to remove the name from history sheet No.210 of 2014 dated 10.10.2014.
For Petitioners : Mr.C.Muthusaravanan For Respondents : Mr.P.Kottaichamy Government Advocate (Crl.Side) 1/6
ORDER
This writ petition has been filed to direct the respondents to remove the name of the petitioner from the history sheet maintained by the respondent police by considering representation of the petitioner dated 17.02.2024.
2.The grievance expressed by the petitioner is that almost ten years back, a history sheet has been opened in the name of the petitioner and thereafter, without any order of extension, the name of the petitioner continues to be remained in the history sheet. Though the petitioner has involved in some criminal cases earlier, all the cases had been quashed and as on date, the petitioner has no criminal case pending against him. Since the respondent police is retaining the name of the petitioner in the history sheet, they subsequently calling upon the petitioner to appear for enquiry. In view of the same, the family of the petitioner is looked down by his neighbors. Hence, the petitioner seeks to remove the name of the petitioner from the history sheet maintained by the respondent police. 2/6
3.The learned Government Advocate (Crl.side), on instructions, submitted that the petitioner has involved in criminal cases from the year 2012 and periodically, he has been involved in criminal activities. He further submits that the history sheet was opened against the petitioner in the year 2014 and after 2022, no case is filed against the petitioner. Therefore, the respondent police is ready to consider the request of the petitioner to remove his name from the history sheet maintained against him.
4.Heard the learned counsel appearing on either side and perused the materials placed on record.
5.Admittedly, the name of the petitioner was included in the history sheet in the year 2014. Thereafter, no order of extension was obtained by the respondent police. Further, there was no recommendation for retaining the name of the petitioner in the history sheet. The petitioner's name has been mechanically retained in the history sheet 3/6
without any proper assessment. Hence, considering the submissions made by the learned Government Advocate that the petitioner has not involved in any criminal activities from the year 2022 and no criminal case is pending against him and also considering the fact that the respondent police is ready to delete the name of the petitioner from the history sheet, the history sheet maintained as against the petitioner in History Sheet No.210 of 2014 is hereby quashed. Accordingly, this writ petition is allowed. No costs.
06.12.2024 NCC : Yes / No Index : Yes / No ta To 1.The Commissioner of Police, Madurai City.
2.The Assistant Commissioner of Police, Anna Nagar Range, Madurai City.
3.The Inspector of Police, Anna Nagar Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR, J.
ta 06.12.2024 6/6