Madras High CourtWP(MD)/2745/2017closed

M.Rajinikanth v. The Superintendent Of Police

2017-03-08Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.2745 of 2017 M.Rajinikanth ... Petitioner -vs1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Boothapandi Police Station, Boothapandi, Kanyakumari District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the respondents to remove the petitioner's name from Rowdy list on the file of the 2nd respondent and consider the petitioner representation dated 02.12.2016.

For Petitioner : Mr.S.Karthick Subramanian For Respondents : Mr.T.S.Mohammed Mohideen Additional Government Pleader

O R D E R

This writ petition has been filed, seeking a direction to the respondents to remove the petitioner's name from Rowdy list on the file of the 2nd respondent by considering the petitioner's representation dated 02.12.2016.

2.It is the case of the petitioner that his name has been included in the history sheet by the police and therefore, he has filed the present petition for mandamus to remove his name therefrom.

3.The second respondent police have filed a counter, wherein they have stated that there are four criminal cases pending against petitioner and therefore, the police have opened history sheet for him.

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4.The learned counsel appearing for the petitioner submitted that in two of the cases he has been acquitted and in other two cases charge sheet itself was not filed by the police. 5.In the considered opinion of this Court, when there is dispute with regard to the fact, the same cannot be adjudicated under Article 226 of the Constitution of India. Therefore, this Court directs the petitioner to give fresh representation with supporting documents for removal of his name from the history sheet. On receipt of the said representation, the respondents are directed to consider the same and pass orders in accordance with law within a period of three months thereof.

6.With the above direction, this Writ Petition is closed. No costs.

Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, Boothapandi Police Station, Boothapandi, Kanyakumari District.

+1cc to Special Government Pleader, Sr No.13457 W.P.(MD) No.2745 of 2017 08.03.2017 SJ AAM/SV.MMS/15.3.2017/2P.4C https://hcservices.ecourts.gov.in/hcservices/