Madras High CourtWP(MD)/22198/2021allowed

Mohammed Rabeek @ Aadam Bava v. The Commissioner Of Police

2022-01-10Honourable Mr Justice G.R.Swaminathan2 pages

W.P(MD)No.22198 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.22198 of 2021 and W.M.P.(MD)Nos.18761 and 18763 of 2021 S.Mohammed Rabeek @ Aadam Bava ... Petitioner Vs.

1.The Commissioner of Police, O/o. the Commissioner of Police, Madurai District.

2.The Assistant Commissioner of Police (L& O), O/o. The Assistant Commissioner of Police (L & O), Madurai District.

3.The Inspector of Police, Vilakkuthoon Police Station (L& O), Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent No.3 to remove the petitioner's name from the History Sheet opened and maintained by the respondent No.3 by considering the petitioner's representation dated on 24.11.2021. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor.

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents 2.The petitioner wants his name to be removed from the history sheet maintained by the third respondent. The petitioner firmly asserts that only in the year 1995 and 1996, some cases were registered against the him and that for the last 25 years, he has not come under adverse notice of the respondents. He would also add that all the cases registered against him have ended in acquittal. 3.The learned Additional Public Prosecutor for the respondents is not in a position to controvert the aforesaid assertion. However, a submission is made that the petitioner is in active touch with certain fundamentalist groups.

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W.P(MD)No.22198 of 2021 4.In much as, there is nothing on record to show that the petitioner is involved in criminal cases or that he is addicted to crime, the respondents are directed to remove the petitioner's name from the history sheet maintained by the third respondent. The writ petition stands allowed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Commissioner of Police, O/o. the Commissioner of Police, Madurai District.

2.The Assistant Commissioner of Police (L& O), O/o. The Assistant Commissioner of Police (L & O), Madurai District.

3.The Inspector of Police, Vilakkuthoon Police Station (L& O), Madurai.

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

W.P(MD)No.22198 of 2021 10.01.2022 CK(CO) GC(31.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2