Shied Kasim v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.20658 of 2022 Shyed Kasim ... Petitioner /vs./

1. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Rameswaram, Ramanthapuram District

2. The Inspector of Police Mandapam Police Station Mandapam, Ramanathapuram District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 1 and 2 to remove the Petitioners name from the History Sheet in H.S.No. 332/2013 maintained on the file of the 2nd Respondents Police station by considering the Petitioners representation dated 26.7.2022.

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For Petitioner : Mr.A.Balaji For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

The Petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the Respondents 1 and 2 to remove the Petitioners name from the History Sheet in H.S.No. 332/2013 maintained on the file of the 2nd Respondents Police station by considering the Petitioners representation dated 26.7.2022.

2. It is the submission of the learned Counsel for the Petitioner that the Respondent police has not followed the provisions under 748 Police Standing Order and no fresh case has been registered as against the Petitioner.

3. The learned Additional Public Prosecutor would submit that the Petitioner is having one case in the year 2012, one case in the year 2013, one case in the year 2014 and one case in the year 2021. Therefore he seeks to dismiss the Petition.

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4. By way of reply the learned Counsel for the Petitioner submitted that the case which has been registered in the year 2021 is with regard to Wild life Protection Act.

5. The learned Additional Public Prosecutor would submit that the case registered in the year 2021 is also a criminal offence for which history sheet is maintainable.

6. Considering the fact a case has been registered in the year 2021 this is not a fit case for granting direction to the Respondents to remove the Petitioners name from the History Sheet in H.S.No. 332/2013 maintained on the file of the second Respondents Police station.

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7. In view of the same, the Writ Petition stands dismissed. No costs. 10.11.2022 Index : Yes / No Internet : Yes / No aav TO:

1. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Rameswaram, Ramanthapuram District

2. The Inspector of Police Mandapam Police Station Mandapam, Ramanathapuram District

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

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SATHI KUMAR SUKUMARA KURUP, J.

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