Sait Alias Sheik Abdullah v. The Commissioner Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2020

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN and W,M.P.(MD).No.5550 of 2016 Sait @ Sheik Abdullah ... Petitioner Vs.

1.The Commissioner of Police, O/o. The Commissioner of Police, South Chitrai Street, Madurai City, Madurai.

2.The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, South Chithrai Street, Madurai City, Madurai.

3.The Inspector of Police, B.1, Villakuthoon Police Station, Madurai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to remove the petitioner's name in the History Sheet in H.S.No.403 /1996, open by the respondent No.3.

For Petitioner : Mr.S.M.A.Jinnah For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor 1/3

O R D E R

The petitioner herein has filed the present Writ Petition seeking a direction of this Court to remove him from the History Sheet list.

2.According to the petitioner, he is running a Cycle Mechanical shop near the Meenakshi Amman for his livelihood. The third respondent Police registered two false cases against him in the year 1995 and opened history sheet in H.S.No.403 /1996 and keeping shadow watching. The conduct of the respondents 1 to 3 intruding his privacy caused continuous harassment and hence, he seeks intervention of this Court to remove his name from the history sheet.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that the petitioner herein, who was booked for the offences under Sections 5 of the Explosive Act, in Crime No.1655 of 1995, is continuously indulging in criminal activities and have communication with some banned organisation. He was kept under surveillance by S.I.C, S.P.C.I.D and N.I.A. Presently, he is working in Bismi Meat Stall and the report indicates that his conduct with some organisation requires serious surveillance. Though the first case registered against the petitioner under Section 5 of the Explosives Act in the year 1995 ended in acquittal in the year 2003, still the petitioner found to be under close contact with the respondents.

4.On perusal of the records furnished by the learned Additional Public Prosecutor, this Court is convinced that it is not the proper time for removing the petitioner's name from the history sheet. Hence, the Writ Petition stands dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2020 Sub Assistant Registrar(CS) TSG 2/3

To 1.The Commissioner of Police, O/o. The Commissioner of Police, South Chitrai Street, Madurai City, Madurai.

2.The Assistant Commissioner of Police, O/o. The Assistant Commissioner of Police, South Chithrai Street, Madurai City, Madurai.

3.The Inspector of Police, B.1, Villakuthoon Police Station, Madurai District.

+1 CC to MR.S.M.A.JINNAH, Advocate ( SR-11154[F] dated 11/03/2020 ) Order made in Dated: 09.03.2020 KM/(23.03.2020) 3P 5C 3/3