Madras High CourtWP(MD)/18370/2021disposed of

Gnanasekaran.T v. The Superintendent Of Police

2021-10-07Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD) No.18370 of 2021 T.Gnanasekaran .. Petitioner Vs 1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Rural Sub Division, 3.The Inspector of Police, Aravakuruchy Police Station, 4.The Inspector of Police, Karur Town Police Station, 5.The Inspector of Police, Ka.Paramathi Police Station, .. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to remove the name of the petitioner from the History Sheet/Rowdy List bearing No.404 dated 19.08.2009 in concern Cr.No.3217/2018, on the file of the 4th respondent and in concern Crime No.409/2008 on the file of 5th respondent. For Petitioner : Mr.K.Samidurai For Respondents : Mr.RMS.Sethuraman Additional Public Prosecutor

ORDER

This petition is filed seeking writ of mandamus directing the respondents to remove the name of the petitioner from the History Sheet bearing No.404.

2.The case of the petitioner is that in 2009, the aforesaid history sheet has been opened against him and there was a FIR in 1/3

Crime No.3217 of 2008 against him on the file of the 4th respondent herein for the offences punishable under Sections 363, 302 and 379 of IPC. After that, a case in Crime No.409 of 2008 was registered against him under Section 174 of Cr.P.C., and another cases in Crime Nos.280 and 366 of 2009 were also registered for the offences punishable under Sections 302, 379 and 292 of IPC. But, the petitioner was acquitted from all these cases. After 2009, no case has been registered against this petitioner. However, the aforesaid history sheet has been periodically extended, without following proper procedure and law. He sent a representation dated 28.09.2021 seeking removal of his name from the history sheet. However, that was not considered. Hence, this petition.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner involved in so many cases. Even though he has been acquitted in one of the proceedings, proceedings under Section 107 of Cr.P.C., has been initiated and he was also executed bond before the Revenue Divisional Officer concerned.

4.Since the representation is still pending, let the same be considered by the 1st respondent herein and the 1st respondent shall pass orders upon the same on merits within a period of 4 weeks from the date of receipt of a copy of the proceedings. After the disposal of the same, compliance report must be submitted to the Registry. 5.With the aforesaid direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm To 1.The Superintendent of Police, 2.The Deputy Superintendent of Police, Rural Sub Division, 2/3

3.The Inspector of Police, Aravakuruchy Police Station, 4.The Inspector of Police, Karur Town Police Station, 5.The Inspector of Police, Ka.Paramathi Police Station, Karur District.

+1 CC to M/s.K.SAMIDURAI, Advocate ( SR-31699[F] dated 08/10/2021 ) 07.10.2021 dj(CO) TR/jgp(16.11.2021) 3P 7C 3/3