Madras High CourtWP(MD)/20774/2018disposed of

J.Parthiban, S/O. Jayaraj, v. The Superintendent Of Police,

2018-10-10Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.[MD].No.20774 of 2018 J.Pathiban

...Petitioner

Vs.

1.The Superintendent of Police Office of the Superintendent of Police Thoothukudi District Thoothukudi

2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Kovilpatti Sub-division Thoothukudi District

3. The Inspector of Police Nalatinputhur Police Station At Vanaramutti Thoothukudi District

...Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to close the History Sheet in H.S.No.13 of 2015 that has been opened against the petitioner on the file of the third respondent police station within the time stipulated by this Honourable Court.

For Petitioner : Mr.S.Malaikani For Respondents: Mr.M.Chandrasekaran Additional Public Prosecutor

ORDER

This petition has been filed seeking to remove the name of the petitioner from the History Sheet which is maintained in the third respondent police station in H.S.No.13 of 2015.

2. In this case the name of the petitioner was added in the History Sheet in the year 2015 in H.S.No.13 of 2015 maintained by the third respondent police. The entries of the case registered and the status of the case against the petitioner is extracted here under:

S.No Name of the Police Station Crime No and Section of Law Stages of the case Kovilpatti West PS Cr.No.451 of 2014 120(b),147, 148, 341, 323, 364, 364(A) 506(ii) IPC, 109,52(a) and 302 of IPC Acquitted Kovilpatti West PS CrimeNO.498/14 U/s.147,148,341,294(b), 307, 506(ii) of IPC Acquitted Kovilpatti East PS Crime No.430/15.

U/s.147,294(b),323,506 (i) of IPC Acquitted Nalatinputhur PS Crime No.215/15.

U/s.341,294(b),387, 307 IPC Acquitted Kayathar PS Crime No.297/15 U/s.341,294(b),387,506 (ii) IPC Acquitted Nalatinputhur PS Crime No.16/16 Cr.P.C Impounded Kovilpatti East PS Crime No.535/15 107 Cr.P.C Impounded

3. It is seen from above, that the petitioner has been acquitted in all cases that were filed against him.

4. From the counter filed by the respondent police, it is seen the Assistant Superintendent of Police, Kovilpatti has extended History Sheet up to 31.12.2018.

5. In view of the above, it is open to the petitioner to make a representation to the third respondent police after the expiry of period on 31.12.2018, to remove his name from the history sheet and the third respondent police is directed to strictly follow the guidelines given by this Court in W.P.(MD) No. 19651 of 2017 etc., batch dated 26.09.2018 and pass appropriate orders immediately thereafter.

6. The writ petition is disposed of with the above direction. There shall be no orders as to costs.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I)

To 1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District, Thoothukudi.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kovilpatti Sub-division, Thoothukudi District.

3. The Inspector of Police, Nalatinputhur Police Station, At Vanaramutti, Thoothukudi District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO.90202 AAV BU/SV/SAR-1 :29.10.2018 : 3P/5C W.P.[MD].No.20774 of 2018 10.10.2018