Kumar.S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN and W.M.P.(MD).No.14913 of 2023 S.Kumar ... Petitioner Vs 1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

3.The Immigration Officer, Bureau of Immigration, Trichirapalli Airport.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing respondent No.2 to remove the FIR in Crime No.98 of 2010 from the CCTNS (Crime and Criminal Tracking Network System) on the file of the second respondent as per the petitioner's representation dated 12.05.2023 pending on the file of the second respondent within a reasonable time.

For Petitioner : Mr.K.Kharikharadas For R-1 to R-3 : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

O R D E R

This Writ Petition is filed seeking for a direction to the respondent Police to delete the FIR in Crime No.98 of 2010 from CCTNS (Crime and Criminal Tracking Network System) on the file of the second respondent.

2. It is submitted by learned counsel for the petitioner that a case has been registered against the petitioner in Crime No.98 of 2010 for the offences under Sections 294 (b), 342, 324 and 506 (ii) of I.P.C. On conclusion of the investigation, the Police have filed charge sheet before the learned District Munsif cum Judicial Magistrate, Alangudi and the same was taken on file as C.C.No.04 of 2018. It is also further submitted that after fullfledged trial, the said criminal case registered against him, was disposed of, finding him not guilty. The petitioner has filed a copy of the Judgment, dated 14.02.2020, which goes to show that the petitioner was found not guilty for the offence under Sections 324 and 506 (ii) I.P.C. which charges were framed.

3. It is further submitted that the petitioner has been working in Singapore, thereby, he was travelling frequently to Singapore and whenever he comes to India, he was stopped by the Immigration Officer on the ground that a criminal case in Crime No.98 of 2010 for the offences under Sections 294 (b), 342, 324 and 506 (ii) of I.P.C. before respondent No.2 is still pending. 2/4

4. The petitioner has filed a copy of the letter, wherein, the Inspector of Police has addressed the letter to the Immigration Officer of Airport, Trichirappalli, informing that Look Out Circular was pending in C.C.No.4 of 2018 and that the petitioner was acquitted as per the Judgment, dated 14.02.2020, by the learned District Munsif cum Judicial Magistrate, Alangulam, thereby, the Police should have updated CCTNS (Crime and Criminal Tracking Network System).

5. Learned Government Advocate (Criminal Side) on the other hand, submits that, though the petitioner stated to have sent a representation to the respondent Police, no such representation has been received and submitted that the Police will take steps to delete C.C.No.4 of 2018 from the CCTNS (Crime and Criminal Tracking Network System).

6. Considering the circumstances, the respondent Police is directed to dispose of the representation dated 12.05.2023 within a four of four weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 26.07.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/4

DR.D.NAGARJUN, J.

tsg To 1.The Superintendent of Police, Pudukkottai District.

2.The Inspector of Police, Karambakudi Police Station, Pudukkottai District.

3.The Immigration Officer, Bureau of Immigration, Trichirapalli Airport.

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

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