N.Ahamed Faiz, v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.03.2020
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN N.Ahamed Faiz ... Petitioner vs.
1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.
3.The Inspector of Police, Thondi Police Station, Thondi, Ramanathapuram District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the petitioner's name from the rowdy list maintained by the third respondent, based on the petitioner representation, dated 16.02.2011 and 04.07.2016, respectively, within stipulated time fixed by this Court.
For Petitioner : Mr.S.Muthukumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl. side)
ORDER
The petitioner herein who belongs to political party has been included in the history sheeter list maintained by the third respondent police. Submitting that due to his political activities he has been shown as history sheeter, the present writ petition is filed seeking mandamus to remove his name from the rowdy list. A representation was given by the petitioner on 04.07.2016 to that effect.
2.The counter filed by the respondents indicates that the petitioner has involved in the following cases:- 1/3
SI.No .
Crime No.
Offences under Section Result/Stage 1.
22/2007 294(b), 324, 506(ii) IPC Acquittal on 13.06.2009 2.
106/2008 294(b), 324, 506(ii) IPC Covincted on 06.08.2010 3.
131/2012 294(b), 324, 506(ii) IPC Acquittal on 25.06.2012 4.
151/2012 41(ii) @ 109 Cr.P.C Convicted on 25.06.2019 5.
145/2015 294(b), 324, 506(ii) IPC Not taken on file 6.
131/2010 147, 148, 323, 324, 188, 307, 506(ii) IPC C.C.No.95/2017, pending trial 7.
133/2010 147, 148, 323, 324, 506(ii) IPC C.C.No.32/2017, pending trial 3.Therefore, due to the pendency of the cases against the petitioner and being under the adverse notice of the respondent police has also been included in the history sheet. 4.The learned Government Advocate (Crl. side) would submit that after 2015, the petitioner has not fallen under adverse notice of the respondent police. If it is so, the respondent police shall revisit the conduct of the petitioner herein and pass appropriate order regarding removal of his name from the history sheet. The petitioner shall also give a fresh representation to the first respondent/Superintendent of Police and on receipt of the such representation, the first respondent is directed to consider the same and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. 5.With the above directions, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar ( ) // True Copy // / /2020 Sub Assistant Registrar(CS) sji 2/3
To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District.
3.The Inspector of Police, Thondi Police Station, Thondi, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Dated: 13.03.2020 PU(08/05/2020) 3P 5C 3/3