Suba Saravanan, v. The Superintendent Of Police,
W.P.(MD)No.10646 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.05.2020
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN W.P.(MD) No.10646 of 2016 Suba Saravanan ... Petitioner -Vs1.The State represented by The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Deputy Superintendent of Police, Office of Town Deputy Superintendent of Police, Pudukkottai.
3.The Inspector of Police, Ganeshanagar Police Station, Pudukkottai.
... 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 herein to remove the petitioner's name from History Sheet record in H.S.No.202 of 2006 on the file of the third respondent police station as per the petitioner's representation dated 26.03.2016 within a time stipulated by this Court. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.S.Chandra Sekar, Additional Public Prosecutor.
ORDER
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
2.The petitioner herein has invoked the Writ jurisdiction of this Court being aggrieved by retaining his name in the history sheet in view of his antecedents.
3.According to the petitioner, he had few criminal cases against him before marriage. But after entering into the wedlock, he had totally reformed himself and leading a peaceful life. However, the history sheet opened against him in H.S.No.202 of 2006 is still kept alive. Hence, he gave a representation to the first and second respondents to remove his name from the History Sheet Registrar. However, his representation dated 26.03.2016, was not considered. Hence, the present Writ Petition is filed. https://hcservices.ecourts.gov.in/hcservices/ 1/4
W.P.(MD)No.10646 of 2016 4.The learned Additional Public Prosecutor appearing for the respondents would submit that this petitioner involved in six criminal cases. Out of which, four criminal cases ended in acquittal and one of the cases under Section 302 IPC ended in conviction and yet another case is still pending. Hence, the respondent police are still retaining the petitioner's name in the History Sheet Register.
5.After hearing the learned counsels on either side and taking note of the fact that the petitioner's representation to remove his name from the Register of history sheet was given nearly four years back and presently, there have been change in circumstances, this Writ Petition is disposed of with the direction to the petitioner and the respondents as follows:- "(a) the petitioner shall give a fresh representation to the first respondent for deletion of his name from the History Sheet; (b) on receipt of such representation, the first respondent shall pass appropriate orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."
No costs.
Sd/- Assistant Registrar (Crl.Side) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr/ta Note: Due to lock-down on account of COVID-19, this order copy may be treated as true copy.
To 1.The Superintendent of Police, Pudukkottai District, Pudukkottai.
2.The Deputy Superintendent of Police, Office of Town Deputy Superintendent of Police, Pudukkottai.
3.The Inspector of Police, Ganeshanagar Police Station, Pudukkottai.
W.P.(MD)No.10646 of 2016 21.05.2020 AP(28/05/2020) 2 P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4