Petitioner sought writ to remove name from police history sheet. Court directed Deputy Superintendent to forward representation to Superintendent for closure consideration within four weeks.
Director to forward representation to Superintendent for consideration and orders within four weeks.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
W.P.(MD)No.24904 of 2016
Mariyappan @ Mariyappapandiyan : Petitioner
-Vs-
1.The Government of Tamil Nadu, Represented by the Home Secretary, Fort St. George, Chennai-9.
2.The Superintendent of Police, Tirunelveli District, Tirunelveli.
3.The Deputy Superintendent of Police, Tirunelveli Rural, (Thalayuthu), Tirunelveli District.
4.The Inspector of Police, Manur Police Station, Tirunelveli 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 second respondent to conduct an enquiry in accordance with Section 748(1) of the Police Standing Orders after hearing the petitioner and remove the petitioner's name from the history sheet in H.S.No.783/2016 on the file of the fourth respondent by way of considering the petitioner's representation dated 16.12.2016.
For Petitioner : Mr.R.Venkatesan For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader
O R D E R
This Writ Petition has been filed to remove the name of the petitioner from the history sheet that is maintained by the police under Police Standing Orders 748(1).
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Station, is present in Court today. On instructions, the learned Additional Government Pleader submitted that the history sheet is maintained from 2016, as it was found that the petitioner was involved in Crime No.195 of 2013 under Sections 143, 341 and 188 of the Indian Penal Code and Crime No.439 of 2016 under Sections 147, 148 and 435 of the Indian Penal Code r/w Section 4 of TNPPDL Act.
Sd/-
Assistant Registrar(Records)
/True Copy/
Sub Assistant Registrar
To
1.The Home Secretary, Government of Tamil Nadu, Fort St. George, Chennai-9.
2.The Superintendent of Police, Tirunelveli District, Tirunelveli.
4.The Inspector of Police, Manur Police Station, Tirunelveli District.
+1CC to M/S.R.Venkatesan, Advocate, SR.No. 16428
Order made in W.P.(MD)No.24904 of 2016 Dated: 20.03.2017
SML
AM/SV MMS/05.04.2017/2P/7C
1 issue framed by the court
Whether the history sheet maintenance by police can be quashed if it violates Police Standing Orders 748(1).
2 provisions across 2 enactments
Mariyappan @ Mariyappapandiyan
Home Secretary, Government of Tamil Nadu
Superintendent of Police, Tirunelveli District
Deputy Superintendent of Police, Tirunelveli Rural
Inspector of Police, Manur Police Station
P. N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
