R.Kothari Mohideen v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 31/10/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN R.Kothari Mohideen ... Petitioner Vs

1. The Superintendent of Police,, O/o. The Superintendent of Police, Tenkasi District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Alangulam, Tenkasi District.

3.State of Tamilnadu, The Inspector of Police, Kadayam Police Station, Tenkasi District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to remove the petitioner's name from History Sheet No.453/2015 maintained by the third respondent by considering his representation dated 11.09.2025.

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For Petitioner : Mr.SMA. Jinnah, For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the the respondents to remove the petitioner's name from History Sheet No.453/2015 maintained by the third respondent, by considering his representation dated 11.09.2025. 2.It is the case of the petitioner that the only case pending against him is in Crime No.121 of 2014 for the offences under Sections 294 (b), 506(ii), 417, 473, 406 and 120(b) of IPC; that the two other cases were initiated under Section 107 of Cr.P.C, which have now been closed; that the fourth case in Crime No.337 of 2014 for the offences under Sections 294(b) and 500 IPC has also been closed; that the history sheet, which was opened in 2015 has not been reviewed periodically and that the respondents have continued to retain the petitioner's name in the history sheet and sought for closing the history sheet against him. 3.The learned Additional Public Prosecutor appearing for the respondent police would submit that except for the case in Crime No. 2/4

121 of 2014, all other cases have been disposed of. 4.It is seen that out of the four cases cited in the counter, two of the cases are actually notices issued under 107 Cr.P.C and not offences and the case in Crime No.337 of 2014, which relates to the offences under Sections 294(b) and 500 IPC is reported to have been closed. The only case pending is Crime No.121 of 2014. It is reported that this case has not been taken on file by the Jurisdictional Magistrate sofar. It is well settled that a history sheet cannot be retained on the basis of the materials that is sought to be relied upon by the respondents. The continuation of the history sheet for the only case pending against the petitioner is an abuse of process of law. Therefore, the respondents are directed to close the history sheet maintained against the petitioner forthwith. 5.With the above directions, this Writ Petition is allowed. No costs.

31.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp SUNDER MOHAN,J 3/4

CP TO 1.The Superintendent of Police,, O/o. The Superintendent of Police, Tenkasi District.

2.The Deputy Superintendent of Police, O/o. the Deputy Superintendent of Police, Alangulam, Tenkasi District.

3.The Inspector of Police, Kadayam Police Station, Tenkasi District.

ORDER

IN WP CRL.(MD) No.1467 of 2025 Date : 31/10/2025 4/4