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Madras High CourtWP(MD)/15966/2020disposed of

Kannan v. The Superintendent Of Police

2020-11-11Honourable Mrs Justice J. Nisha Banu2 pages

W.P.(MD) No.15966 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P.(MD) No.15966 of 2020 and W.M.P.(MD)Nos.13377 and 13378 of 2020 Kannan : Petitioner Vs.

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

2. The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3. The Inspector of Police, Adhanakottai Police Station, Pudukkottai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the second respondent in H.S.No.ROWDY-05 of 2018, dated 23.03.2018 and quash the same and consequently, direct the second respondent to close the history sheet by considering the petitioner's representation dated 26.10.2020.

For Petitioner : Mr.R.Maheswaran For Respondents : Mr.R.Srinivasan, Government Advocate

O R D E R

This Writ Petition has been filed challenging the impugned order passed by the second respondent in H.S.No.ROWDY-05 of 2018, dated 23.03.2018 and consequently, direct the second respondent to close the history sheet by considering the petitioner's representation dated 26.10.2020.

2.The learned counsel appearing for the petitioner would reiterate the contentions raised in the affidavit. In support of his contention, he would rely upon the judgment of this Court made in W.P.19651 of 2017 along with batch, in Sabari @ Sabarigiri Vs. The Assistant Commissioner of Police and others, dated 26.09.2018. 3.The learned Government Advocate appearing for the respondents police would submit that the representation of the petitioner, dated 26.10.2020 will be considered within a period of three weeks. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.15966 of 2020 4.Considering the submissions made by the learned counsel for the petitioner along with the judgment cited by him, without adverting to the merits of the case, the respondents police are directed to dispose of the petitioner's representation dated 26.10.2020, seeking to remove his name from the history sheet, in the light of the above mentioned judgment, within a period of three weeks from the date of receipt of a copy of this order on merits and in accordance with law and communicate the decision to the petitioner.

5.With the above direction, this Writ Petition is disposed of. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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.

To

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

2. The Deputy Superintendent of Police, Pudukkottai, Pudukkottai District.

3. The Inspector of Police, Adhanakottai Police Station, Pudukkottai District.

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

+1 CC to Mr.R.MAHESWARAN, Advocate SR-21974.

W.P.(MD) No.15966 of 2020 11.11.2020 NA(CO) CS(24.11.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2