Madras High CourtWP(MD)/21229/2015dismissed

S.Ganesh Thevar v. The Superintendent Of Police

2019-04-29Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI W.P.(MD).No.21229 of 2015 S.Ganesh Thevar ... Petitioner Vs.

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

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

4.The Inspector of Police, Town Police Station, Devakottai, Sivagangai District.

... Respondents PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents to delete the name of the petitioner from the history sheet on the file of the respondent No.4. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.R.Anantharaj Additional Public Prosecutor

ORDER

This petition has been filed for issuance of writ of mandamus directing the respondents to delete the name of the petitioner from the history sheet on the file of the respondent No.4. 2.The Inspector of Police, Devakottai Town Police Station, has filed a counter affidavit, wherein he has stated that this petitioner is involved in the following cases. (i) Cr.No.267/2002 and Cr.No.92/2003 u/s.457, 380 of I.P.C at Singampunari Police Station, Sivagangai District, (ii) Cr.No.357/2002, u/s.457, 380 of I.P.C at Thiruvennaimuthur Police Station, Sivagangai District, (iii) Cr.No.75/2003 u/s. 457, 380 of I.P.C., at Melur Police Station, Madurai District, (iv) Cr.No.49/2003 u/s. 457, 380 of I.P.C at R.S.Mangalam Police Station, Sivagangai District, (v) Cr.No.92/2003 u/s.457, 380 of I.P.C., at Thirupathur Police Station, Sivagangai District. Hence, history sheet was opened against him. Further, he has stated that the petitioner has not changed his https://hcservices.ecourts.gov.in/hcservices/

character and even in the year 2018, he has involved in an offence, for which a criminal case has been registered against him in crime No.42 of 2018 for the offences punishable under Sections 147, 294 (b), 363, 379, 307 of IPC and after completion of investigation, the final report has also been filed as against the petitioner and the same is pending in C.C.No.103 fo 2019 before the learned Judicial Magistrate, Devakottai. In view of the above submission made by the learned Additional Public Prosecutor, this Court is not inclined to allow this petition.

3.Accordingly, this criminal original petition is dismissed. However, this petitioner is at liberty to renew the writ petition after one year, by maintaining his discipline without involving in any further criminal activities for another period of one year. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To

1. The Judicial Magistrate, Devakottai

2. The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

4.The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.

5.The Inspector of Police, Town Police Station, Devakottai, Sivagangai District.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-64266[F] dated 30/04/2019 ) W.P.(MD).No.21229 of 2015 29.04.2019 (2/2) tm MK (30.08.2019) 3P 8C https://hcservices.ecourts.gov.in/hcservices/