Madras High CourtWP(MD)/22591/2021allowed

Mohammed Makthum Ganiyar v. The Commissioner Of Police

2021-12-21Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.22591 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22591 of 2021 Mohammed Makthum Ganiyar ... Petitioner -Vs1.The Commissioner of Police, O/o. The Commissioner of Police, Madurai City.

2.The Inspector of Police, Vilakuthoon Police Station, Madurai City.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to remove the petitioner's name from the history sheet maintained by the second respondent by considering the petitioner's representation dated 27.11.2021.

For Petitioner : Mr.K.Navanetharaja For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

The petitioner seeks removal of his name from the history sheet maintained by the second respondent.

2. The learned Government Advocate, on instructions, states that the petitioner is associated with fundamentalist organizations. On this ground, the petitioner's prayer is opposed.

3. There is no dispute that the cases, in which, the petitioner was implicated ended in acquittal. As on date, there is no pending criminal case against the petitioner. The petitioner has also not come under the adverse notice of the respondents for more than four years.

4. In these circumstances, it may not be appropriate to retain the petitioner's name in the history sheet. Therefore, the respondents are directed to remove the petitioner's name from the history sheet maintained by the second respondent forthwith and without any delay.

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W.P.(MD)No.22591 of 2021

5. The Writ Petition is allowed. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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 City.

2.The Inspector of Police, Vilakuthoon Police Station, Madurai City.

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

W.P.(MD)No.22591 of 2021 21.12.2021 RD(19.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2