Madras High CourtWP(MD)/17536/2024disposed of

M.Palanisamy v. The Superintendent Of Police

2024-07-29Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.07.2024

CORAM:

THE HONO URABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.17536 of 2024 and W.M.P.(MD)No.15079 of 2024 M.Palanisamy ... Petitioner Vs

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

2. The Deputy Superintendent of Police, Kovilpatti, Thoothukudi District.

3. The Inspector of Police, Kalugumalai Police Station, Thoothukudi District.

4. The Inspector of Police, Prohibition and Enforcement Wing, Kovilpatti, Thoothukudi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the the records pertaining to the impugned proceedings dated on 22.06.2022 on the file of the 3rd respondent and quash the same as illegal and 1/4

further direct the respondents to remove the petitioner's name from history sheet bearing H.S.No.746 of 2015 within a stipulated time as may be fixed by this Court.

For Petitioner : Mr. K.Jeyamohan For Respondents : Mr.E.Antony Sahaya Prabakar Additional Public Prosecutor

O R D E R

This writ petition is filed seeking a writ of certiorarified mandamus, to remove the name of the petitioner registered in H.S.No. 746 of 2015.

2. The learned Counsel for the petitioner submits that the petitioner has not involved in any criminal case. All the cases registered as against the petitioner are only prohibition offences and for protest. He further submits that he has not involved in any offence since 2016. The case registered as against the petitioner in the year 2023 is also pertaining to the participation in a public protest.

3. The learned Additional Public Prosecutor on instruction from 2/4

the respondent police submits that the petitioner had involved in eight cases and therefore, history sheet was opened as against the petitioner in H.S.No.746 of 2015. He further submits that among eight cases, three cases were ended in acquittal and the petitioner has paid the fine amount in the remaining five cases and as on date, all the cases registered as against the petitioner are closed.

4. Considering the rival submissions made, this Writ Petition is disposed of with a direction to the respondent police to re-consider the history sheet after ensuring that there is no case pending as against the petitioner. No costs. Consequently, connected miscellaneous petition is closed.

29.07.2024 Index :Yes/No Internet : Yes/No jbr 3/4

B.PUGALENDHI,J.

Jbr To

1. The Superintendent of Police, Trichy District.

2. The Inspector of Police, Mannachanallur Police Station, Trichy District.

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

Order made in 29.07.2024 4/4