Writ petition challenging non-action on representation to remove name from Police History Sheet. Court directed fresh submission and mandated disposal within four weeks following specific guidelines.
Direction to third respondent to consider petitioner's representation and pass orders within four weeks in accordance with cited guidelines.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2021
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
W.P.No.9594 of 2021
R.Selvaraj
...Petitioner
Versus
1.The Superintendent of Police,
Namakkal,
Namakkal District.
2.The Deputy Superintendent of Police,
Namakkal,
Namakkal District.
3.The Inspector of Police,
Namakkal,
Namakkal District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to remove the name of the petitioner in History Sheet opened and maintained by the 3rd respondent in History Sheet No.643 of 2020, dated 27.09.2020 by considering the petitioner's representation dated 30.03.2021.
For Petitioner : Mr.N.S.Suganthan
For Respondents : Mr.M.Mohamed Riyaz
Additional Public Prosecutor
ORDER
This Writ Petition has been filed seeking a direction to direct the respondents to remove the name of the petitioner in History Sheet opened and maintained by the 3 rd respondent in History Sheet No.643 of 2020, dated 27.09.2020 by considering the petitioner's representation dated 30.03.2021.
2.The gist of the case is that on 01.12.2018 the second respondent police registered a case in Crime No.997 of 2018, against three accused, out of which, the petitioner herein is
the second accused, for the offence under Section 420 of IPC and Section 5, 7(1) and 7(3) of the Lotteries Regulation Act,1998. According to the petitioner, he has been falsely implicated in the case. Thereafter, a history sheet was opened against the petitioner herein by the third respondent in H.S.No.643 of 2020 dated 27.09.2020. Therefore, the petitioner gave representations dated 30.03.2021 to the respondents, to remove his name from the history sheet. Till date no action has been taken on his representations. Hence, the petitioner is constrained to file the present Writ Petition before this Court.
3.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Crl.side) appearing for the respondents.
4.Taking into account of the facts and circumstances of the case and the limited scope of prayer sought by the petitioner in the present Writ Petition, this Court issues the following directions:-
(i) The petitioner is directed to submit a fresh representation along with a copy of this order before the third respondent.
(ii) On receipt of such representation, the third respondent is directed to consider the representations made by the petitioner dated 30.03.2021 and deal with the same strictly in accordance with the guidelines issued by this Court in Sabari @ sabarigiri Vs. Assistant Commissioner of Police, Annanagar (L and O) Range, Madurai City, Madurai and others, reported in 2018 (4MLJ) Criminal page 585, and Thirumagan and Ors. Vs. The Superintendent of Police, Madurai District and Ors., reported in 2020 (2) LW Crl 266 and pass orders, within a period of four weeks from the date of receipt of a copy of this order.
5.Accordingly, this Writ Petition is disposed of with the above directions. No costs.
Assistant Registrar
klt
To
1.The Superintendent of Police, Namakkal, Namakkal District.
W.P.No.9594 of 2021
UM(CO)
SP(24/06/2021)
1 issue framed by the court
Whether the High Court can direct the police to reconsider the petitioner's representation regarding his name in a History Sheet.
Colour shows how this judgement treated each authority
Sabari @ sabarigiri Vs. Assistant Commissioner of PoliceReferred¶19
Sabari @ sabarigiri Vs. Assistant Commissioner of Police, Annanagar (L and O) Range, Madurai City, Madurai and others, reported in 2018 (4MLJ) Criminal page 585
Thirumagan and Ors.Referred¶19
Thirumagan and Ors. Vs. The Superintendent of Police, Madurai District and Ors., reported in 2020 (2) LW Crl 266
2 provisions across 2 enactments
R. Selvaraj
Superintendent of Police, Namakkal
Deputy Superintendent of Police, Namakkal
Inspector of Police, Namakkal
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
