Madras High CourtCRL OP(MD)/20809/2021allowed

Anandhakumar v. The Superintendent Of Police

2022-01-25Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.20809 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20809 of 2021 Anandhakumar ... Petitioner Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. The Deputy Superintendent of Police, Usilampatti Division, Madurai District.

3. The Inspector of Police, Usilampatti Taluk police station, Usilampatti, Madurai District.

... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the learned Judicial Magistrate, Thirumangalam to expunge the nick name of the petitioner as Thuppakki Anandakumar placed in P.R.C.No.24 of 2020 in Crime No.16 of 2018 on the file of the third respondent.

For Petitioner : Mr.R.Jenifar Bibin For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side).

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

2. The petitioner is presently facing committal proceedings in P.R.C.No.24 of 2020 on the file of the Judicial Magistrate, Thirumangalam. The said committal proceedings arose out of Crime No.16 of 2018 registered on the file of Usilampatti Taluk police station.

3. It is a case arising under Section 302 of I.P.C. The petitioner is aggrieved by the description given to his name. According to him, he has been named only Anandhakumar and that the prefix " Thuppaki " has been unjustifiably incorporated. The petitioner wants this description should be deleted. https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.20809 OF 2021

4. The learned Government Advocate states that against the petitioner, a number of criminal proceedings were initiated and he is also shown as accused in as many as eight cases. According to the third respondent, this nickname had always been attached to the petitioner and that therefore, the third respondent cannot be blamed. The question is not as to how, the expression " Thuppaki " came to be attached to the petitioner's name. The question is whether the petitioner is entitled to seek its deletion. The name of the petitioner pertains to his intimate sphere. The petitioner is known as Anandhakumar in the records. Therefore, he shall continue to be called so. The Judicial Magistrate, Thirumangalam, is directed to set right the record by deleting the name " Thuppaki " that has been attached to the petitioner's name as prefix.

5. This criminal original petition is allowed. Sd/- Assistant Registrar (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU 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 Judicial Magistrate,Thirumangalam.

2. The Superintendent of Police, Madurai District,Madurai.

3. The Deputy Superintendent of Police, Usilampatti Division, Madurai District.

4. The Inspector of Police, Usilampatti Taluk police station, Usilampatti,Madurai District.

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

Crl.O.P.(MD)No.20809 of 2021 25.01.2022 MGJ(21.03.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2