Jai Sankar v. The Deputy Inspector General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :07.09.2021
CORAM
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Jai Sankar ... Petitioner Vs.
1.The Deputy Inspector General of Police, South Zone, New Natham Road, Race Course Colony, Madurai-7.
2.The District Collector, Viruthunagar, Viruthunagar District.
3.The Superintendent of Police, Viruthunagar, Viruthunagar District.
4.The Inspector of Police, Pandalgudi Police Station, Viruthunagar District.
... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 20.08.2021 and thereby remove the name of the petitioner from History Sheet in H.S.No.430 of 2021 in accordance with law within time stipulated by this Court. For Petitioner : Mr.P.R.Prithviraj For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
This Writ Petition has been filed seeking direction to the respondents 1 to 3 to consider the petitioner's representation dated 20.08.2021 and thereby remove the name of the petitioner from History Sheet in H.S.No.430 of 2021 in accordance with law within time stipulated by this Court.
2.The case of the petitioner is that during the year 2006 to 2016 the petitioner was served as a president of Koppusithampatti Village Panchayath. After that his wife namely Vijayalakshmi participated the election and she succeeded in the election. Due to 1/3
political motive, some persons lodged a false complaint against him. The fourth respondent registered the case in Crime No.60 of 2021 for the alleged offences under Sections 406, 420, 506(i) of IPC and Section 3 and 4 of Tamil Nadu Prohibition of Charging of Exorbitant Interest Act 2003 and a history sheet has been opened against him in H.S.No.430 of 2021.
3.The learned counsel for the petitioner would submit that the petitioner has filed a petition in Crl.O.P.No.11951 of 2021 before this Court seeking quashment of FIR. This Court by an order dated 23.08.2021 has granted interim order and also observed that the petitioner was acquitted in three cases other than no previous case is pending against the petitioner.
Therefore, he sent a representation to the respondents 1 to 3 requesting to remove his name from the history sheet. Till date, his representation has not been considered. Hence, this petition has been filed.
4. Considering the facts and circumstances of the case, this Court directs the third respondent to consider the representation of the petitioner dated 20.08.2021, on merits and in accordance with law, within a period of three months from the date of receipt of copy of this order.
With the above directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) tta 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 Deputy Inspector General of Police, South Zone, New Natham Road, Race Course Colony, Madurai.
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2.The District Collector, Viruthunagar, Viruthunagar District.
3.The Superintendent of Police, Viruthunagar, Viruthunagar District.
4.The Inspector of Police, Pandalgudi Police Station, Viruthunagar District.
W.P(MD)No.16086 of 2021 07.09.2021 SRR(CO) KB(05.10.2021) 3P 5C 3/3