Madras High CourtWP(MD)/15864/2016disposed of

Nagaraj S/O Krishnasamy v. The Superintendent Of Police

2017-04-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.15864 of 2016 Nagaraj ... Petitioner -vs1.

The Superintendent of Police Office of the Superintendent of Police Sivagangai District 2.

The Inspector of Police Sivagangai Town Police Station, Sivagangai District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent NO.1 to conduct an enquiry in accordance with Section 748(1) of the Police Standing Order after hearing the petitioner and to delete the petitioner's name from the history sheet on the file of the respondent NO.2 considering the petitioner's representation dated 10.08.2016.

For Petitioner : Mr.S.Karthick Subramanian For Respondents : Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader

O R D E R

This writ petition has been filed for a direction to the respondent NO.1 to conduct an enquiry in accordance with Section 748

(1) of the Police Standing Order after hearing the petitioner and to delete the petitioner's name from the history sheet on the file of the respondent NO.2 considering the petitioner's representation dated 10.08.2016.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents.

3. When the matter was taken up for hearing, Mr.R.Leon Mohanraj, Special Sub Inspector of Police is present before this Court. The learned Additional Government Pleader, on instructions, submitted that the representation dated 10.08.2016 given by the petitioner is under consideration in the light of PSO 748. The learned Additional Government Pleader also submitted that there are 11 cases pending against the petitioner and last of such case is in Crime No.177/2017 under Sections 143 and 188 IPC. https://hcservices.ecourts.gov.in/hcservices/

4. Recording the said statement, the first respondent is directed to consider the representation dated 10.08.2016 of the petitioner in terms of PSO 748 within a eight weeks from the date of receipt of a copy of this order.

With the above direction, this writ petition is disposed of. Sd/- Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar To 1.

The Superintendent of Police Office of the Superintendent of Police Sivagangai District 2.

The Inspector of Police Sivagangai Town Police Station, Sivagangai District 3.

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

+1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 51215 RR PSM/RR/20.04.2017/2P/5C W.P.(MD)No.15864 of 2016 07.04.2017 https://hcservices.ecourts.gov.in/hcservices/