Saivam v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.11.2024

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Saivam ... Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, Thirupparankundram Region, Madurai City.

3.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to not to harass the petitioner on the pretext of enquiry and consequently direct them to remove the petitioner name from the History Sheet maintained by the third respondent by considering his representation dated 10.01.2023, 22.02.2023 and 11.07.2023 within a stipulated time period in accordance with law.

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For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.Side)

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the respondents 1 to 3 not to harass the petitioner in the pretext of dealing with him as a History Sheeter and to consider the representations made by the petitioner wherein, the petitioner has sought for removal of his name from the History Sheet maintained by the third respondent in History Sheet No.8 of 2017.

2.Heard Mr.C.Senthil Murugan, learned counsel for the petitioner and Mr.B.Thanga Aravindh, learned Government Advocate appearing on behalf of the respondents.

3.Taking into consideration the facts and circumstances of the case and the grievances expressed by petitioner, there shall be a direction to the petitioner to make a fresh representation to the Assistant 2/5

Commissioner of Police, Avaniyapuram Region, Madurai, seeking to remove his name from the History Sheet maintained by the third respondent. On such representation, the same shall be dealt with by the the Assistant Commissioner of Police, Avaniyapuram Region, Madurai, in line with the guidelines given by this Court in Sabari @ Sabarigiri Vs. The Assistant Commissioner of Police, Madurai & Ors., reported in 2018 4 MLJ (Crl.) 585. Necessary order shall be passed within a period of eight weeks from the date of receipt of a fresh representation from the petitioner.

4.This writ petition is disposed of with the above directions. 11.11.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No PKN 3/5

To 1.The Commissioner of Police, Madurai City.

2.The Assistant Commissioner of Police, Thirupparankundram Region, Madurai City.

3.The Assistant Commissioner of Police, Avaniyapuram Region, Madurai City.

4.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

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

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N.ANAND VENKATESH,J.

PKN Dated:11.11.2024 5/5