Madras High CourtWP(MD)/24114/2016disposed of

M.Seeni Sithik v. The Commissioner Of Police

2017-04-03Honourable Mr Justice P. N. Prakash3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.04.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.24114 of 2016 and W.M.P.No.17404 of 2016 M.Seeni Sithik Ali ... Petitioner -vs1.The Commissioner of Police, O/o. The Commissioner of Police, Alagarkovil Road, Madurai City, Madurai.

2.The Deputy Commissioner of Police, O/o. The Deputy Commissioner of Police, Alagarkovil Road, Madurai City, Madurai.

3.The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Vilakuthoon, Madurai City, Madurai.

4.The Inspector of Police, B1 Vilakuthoon Police Station, Madurai District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, to direct the respondents to remove the petitioner's name in the History Sheet in H.S.No.380 of 1995 open by the respondent No.4. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader

O R D E R

It is seen that this petitioner was involved in 10 cases and therefore, the police have opened history sheet to watch his movements. Challenging which, the petitioner is before this Court.

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

3. The learned counsel for the petitioner submitted that out of the 10 cases that were registered against the petitioner, in 9 cases, he was acquitted in the year 2004 itself and therefore, there is no necessity to continue the name of the petitioner in the history sheet.

4. Per contra, the learned Additional Government Pleader submitted the CBCID, Trichy, have registered a case in Crime No.1/2015 on 08.04.2015 for offence under Section 5 of the Explosives Substances Act, 1908 and in view of the same, the name of the petitioner cannot be removed from the history sheet.

5. Taking into consideration the rival submissions, this Court cannot issue a direction as prayed for by the petitioner, but, however, liberty is given to the petitioner to give a representation to the first respondent for removing his name from the history sheet and on such representation being given, the same shall be considered in the light of PSO 748 and appropriate orders be passed.

With the above direction, this writ petition is disposed of. No costs. Consequently connected M.P is closed. Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To 1.The Commissioner of Police, O/o. The Commissioner of Police, Alagarkovil Road, Madurai City, Madurai.

2.The Deputy Commissioner of Police, O/o. The Deputy Commissioner of Police, Alagarkovil Road, Madurai City, Madurai.

3.The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, Vilakuthoon, Madurai City, Madurai.

4.The Inspector of Police, B1 Vilakuthoon Police Station, Madurai District.

+1 cc to The Special Government Pleader in SR.No:19248 RR AE/RR/24.04.2017/3P/6C W.P.(MD)No.24114 of 2016 and W.M.P.No.17404 of 2016 03.04.2017