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Madras High CourtWP(MD)/12202/2025disposed of

M.Vishwa v. The Superintendent Of Police

2025-04-28Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.12202 of 2025 M.Vishwa ... Petitioner Vs

1. The Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Ammapettai Police Station, Ammapettai, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the respondents to remove the petitioner's name in History Sheeter in H.S.No. 164 of 2022 by considering the representation dated 27.03.2025 filed by the petitioner. For petitioner :Mr.T.Mahendren For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) ***** Page No. 1 of 5

O R D E R

This petition is filed by the petitioner to direct the respondents to remove the petitioner's name in History Sheeter in H.S.No. 164 of 2022 by considering the representation dated 27.03.2025 filed by the petitioner. 2.The learned counsel for the petitioner would submit that the petitioner is working as driver. While so, a false case has been foisted as against the petitioner in Crime No.883 of 2021 for the offences under Section 379 of IPC read with Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957. The petitioner was working as employee with one Saravanan to transport the bricks in a 407 Van bearing registration No.TN-36-5730. While so, after unloading the bricks, when he was proceeding near to the jurisdiction of Ammapettai police station, the vehicle met with an accident.

Therefore, the second respondent registered the case in Crime No.7 of 2022 for the offences under Sections 273, 304(A), 397 of IPC read with Section 21(4) of Mines and Minerals (Development and Regulations) Act. Now, the second respondent is maintaining history sheet against the petitioner in H.S.No. 164 of 2022 without following procedures. Thereby, the petitioner sent a representation to the respondents to remove the petitioner's name in the Page No.

history sheet on 27.03.2025, but the same has not been considered. Hence, he filed this petition.

3. The learned Additional Public Prosecutor (Crl.Side) for the respondents 1 and 2 would submit that the petitioner is having so many cases and thereby, they opened history sheet in H.S.No.164 of 2022. However, the petitioner sent a representation dated 27.03.2025 to remove his name from the history sheet and the same is under enquiry.

4. Considering the prayer sought for in this petition and the respondent also admitted the receipt of the representation from the petitioner and the same is under enquiry, recording the said submission, this Court directs the first respondent to consider the representation of the petitioner dated 27.03.2025 and take appropriate action in accordance with law within a period of one month from the date of this order.

5. With the abovesaid observations and directions, this Writ Petition is disposed of. No costs.

28.04.2025 Page No. 3 of 5

NCC : Yes/No Index : Yes / No Internet : Yes / No apd To

1. The Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Ammapettai Police Station, Ammapettai, Thanjavur District.

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

Page No. 4 of 5

P.DHANABAL,J apd W.P.(MD) No.12202 of 2025 28.04.2025 Page No. 5 of 5