Madras High CourtWP(MD)/8284/2021disposed of

Palanichamy v. The Superintendent Of Police

2021-04-22Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD)No.8284 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2021 CORAM :

THE HONOURABLE Mr. JUSTICE G.ILANGOVAN W.P.(MD)No.8284 of 2021 Palanichamy ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Kulithalai, Karur District.

3. The Inspector of Police, Thogaimalai Police Station, Karur District.

... Respondents Prayer : Writ Petition is filed under Article 226 of Constitution of India, directing the respondents 2 and 3 to remove the petitioner name from the History Sheeter - HS.No.5 of 2020 on the file of the 3rd respondent Thogaimalai Police Station, Karur District. For Petitioner : Mr.R.Murugappan For Respondents : Mr.R.Srinivasan, Government Advocate, (Crl.Side)

ORDER

This writ petition has been filed seeking a direction to the respondents 2 and 3 to remove the petitioner name from the History Sheet maintained by the third respondent herein.

2. The case of the petitioner is that the petitioner is a social activist. He was doing field work assisting the people to get the Government Welfare Scheme. The third respondent police station gave a statement that there are no cases against him with regard to any Cheating, Robbery and Murder Cases. For curtailing his social service and with an intention of damage his good name in the general public, the 2nd and 3rd respondents conspired together and opened History Sheet - HS.No.5 of 2020 against him. The second and third respondents violating the Article 21 of the Indian Constitution and opened History Sheet - HS.No.5 of 2020 against him with regard to cheating, robbery and murder cases in the third respondent police station and in any other police station. Because of opening of History Sheet - HS.No.5 of 2020 against him the third respondent during night hours and day times came to his house and took him to the 3rd respondent police station and compelling him to sign. Hence this petition, for removing his name from the History Sheeter H.S.No.5 of 2020.

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W.P.(MD)No.8284 of 2021

3. At the time of hearing, the learned counsel for the petitioner restricted his relief that it will be sufficient for him if a direction is issued to the respondents 1 to 3 to consider the representation made by the petitioner dated 26.03.2021 and pass orders on merits on the basis of the judgement of this Court in W.P (MD).No.19651 of 2017 dated 26.09.2018.

4. The learned Public Prosecutor would submit that the Authorities are ready to consider the representation if any direction is issued by this Court and pass orders on merits.

5. With the above submissions made, this Writ Petition is disposed of with a direction to the third respondent to consider the representation dated 26.03.2021 and pass orders on merits within a month from the date of receipt of a copy of this order. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) kmm 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.

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

2. The Deputy Superintendent of Police, Kulithalai, Karur District.

3. The Inspector of Police, Thogaimalai Police Station, Karur District.

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