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Madras High CourtWP(MD)/25128/2023disposed of

R.Karan v. The Additional Director General Of Bureau

2023-10-16Honourable Mr Justice G.Ilangovan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN and W.M.P(MD) No.21308 of 2023 R.Karan ... Petitioner Vs.

1. The Additional Director General of Bureau, State Crime Record Bureau, 95, Greenways Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.

2. The Superintendent of Police, District Crime Record Bureau, Sivagangai District.

3. The District Collector, Sivagangai District.

4. The Inspector of Police, Poovanthi Police Station, Sivagangai Police Station, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Police Verification report 1/6

in PVR No.S6092300343208 and quash the same as illegal and consequently direct the respondents No.1 and 2 to remove the petitioner name from the crime record bureau.

For Petitioner : Mr.K.Dinesh For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor.

O R D E R

The writ petitioner filed this Writ Petition seeking for issuance of a Writ of Mandamus, to call for the records pertaining to the impugned Police Verification report in PVR No.S6092300343208 and quash the same as illegal and consequently direct the respondents No.1 and 2 to remove the petitioner name from the crime record bureau.

2. Now the grievance of the petitioner is that he was selected in the Indian Army Force and he has to report before the concerned authority on or before 20.10.2023.

3. The learned Additional Public Prosecutor would submit that the petitioner was arrayed as an accused in crime No.52 of 2022 on the file of Poovanthi Police Station for the offences under Sections 147, 148, 2/6

294(b), 323, 324, 379 IPC and 4 of TN Prohibition of Harassment of Women Act, 2002. The above said complaint was investigated. During the course, finding that the petitioner is not involved in the above said occurrence, his name was deleted. Final Report was filed through E-filing on 10.08.2023 before the Additional Mahila Court, Sivagangai. Before that, the deletion report was submitted before that Court.

4. Based upon the above said investigation process, the petitioner approached the official respondent seeking the above said certificate. Even though the above said deletion report is filed as early as on 10.06.2023, Final Report was filed through E-filing on 10.08.2023, but still in the Tamil Nadu Police Verification Report, which appears in the website (I.e) www.eservices.tnpolice.gov.in, the name of the petitioner shows as an accused in Crime No.52 of 2022 and because of the above said appearance in the online portal, the concerned authority has not accepted the certificate issued by the second respondent herein.

5. The learned Additional Public Prosecutor would submit that Final Report has been filed, so far notice is not issued to the defacto complainant with regard to the deletion of name of the petitioner from 3/6

the Crime No.52 of 2022.

6. But it is a separate process to be initiated by the defacto complainant.

7. But it appears that as on date, the name of the petitioner is deleted from the above said crime No.52 of 2022. So, in the online portal, it must be formally corrected. Let the above said process be completed on or before 21.10.2023 by the first respondent.

8. With the above direction and liberty, this writ petition stands disposed of. Consequently, the connected Miscellaneous Petition is closed. No costs.

16.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No Indu 4/6

To

1. The Additional Director General of Bureau, State Crime Record Bureau, 95, Greenways Road, MRC Nagar, Raja Annamalaipuram, Chennai-600 028.

2. The Superintendent of Police, District Crime Record Bureau, Sivagangai District.

3. The District Collector, Sivagangai District.

4. The Inspector of Police, Poovanthi Police Station, Sivagangai Police Station, Sivagangai District.

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

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G.ILANGOVAN, J Indu Order made in Dated : 16.10.2023 6/6