Vijay Kabiriyel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Vijay Kabiriyel ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Peravurani, Thanjavur District.

3. The Inspector of Police, Peravurani Police Station, Thanjavur ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to remove the petitioner's name from the Rowdy list History Sheet in H.S.No.35 of 2015 pending on the file of the 3rd respondent Police Station, by considering the petitioner's representation dated 24.02.2025.

For Petitioner : Mr.E.Balasubramanian For R-1 to R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 4

O R D E R

This writ petition has been filed by the petitioner to direct the respondents to remove the petitioner's name from the history sheet in H.S.No.35 of 2015 pending on the file of the 3rd respondent police station, by considering the petitioner's representation dated 24.02.2025.

2. According to the petitioner, a false case has been foisted against the petitioner in Crime Nos.210 and 229 of 2015 and the same were already disposed of. In the mean time, the 3rd respondent has opened a history sheet in H.S.No.35 of 2015 as against the petitioner and keep on pending the history sheet even after the disposal of the cases. Therefore, he sent a representation to all the respondents to remove the petitioner's name from the history sheet, but the same has not been considered. Hence this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that based on the recommendation of the 3rd respondent, they opened the history sheet against the petitioner in H.S.No.35 of 2015 due to pendency of the cases against the petitioner. Thereafter, the said cases were disposed of by Page No. 2 of 4

acquitting the petitioner. Therefore, the petitioner has no any cases for the past 10 years and the 3rd respondent will recommend the petitioner to the 1st respondent as per the circular issued by the Director General of Police (DGP) to remove the petitioner's name from the history sheet and based on that, the 1st respondent can pass appropriate order.

4. In view of the above said representation of the learned Additional Public Prosecutor, this Court directs the 1st respondent to consider the representation of the petitioner dated 24.02.2025 and pass appropriate order based on the recommendation of the 3rd respondent in accordance with law within a period of one month from the date of this order.

5. With the above said observations and directions, this writ petition is disposed of. No costs.

18.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

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

2. The Deputy Superintendent of Police, Peravurani, Thanjavur District.

3. The Inspector of Police, Peravurani Police Station, Thanjavur 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

18.03.2025 Page No. 4 of 4