Madras High Court
G.Ravishankar vs The Revenue Divisional Officer on 17 February, 2021
W.P.No.3492 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:17.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.3492 of 2021
G.Ravishankar,
S/o.Govindaraj ... Petitioner
Vs.
1. The Revenue Divisional Officer,
Cuddalore,
Cuddalore District.
2. The Superintendent of Police,
Cuddalore District,
Cuddalore.
3. The Deputy Superintendent of Police,
Cuddalore,
Cuddalore District.
4. The Inspector of Police,
Cuddalore Old Town Police Station,
Cuddalore,
Cuddalore District.
5. The Sub-Inspector of Police,
Cuddalore Old Town Police Station,
Cuddalore, Cuddalore District. ...Respondents
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W.P.No.3492 of 2021
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
seeking Writ of Mandamus directing the respondents to consider the
representation of the petitioner dated 28.12.2020 and pass orders for
requesting to remove his name from the History Sheet maintained by
the 4th and 5th respondent police.
For Petitioner : Mr.S.Doraisamy
For Respondents :Mr.M.Mohammed Riyaz
Additional Public Prosecutor
ORDER
On consent given by either parties, the main writ
petition is taken up for final hearing.
2. This writ petition has been filed for an issuance of
Writ of Mandamus directing the Respondents to consider the
representation made by the petitioner on 28.12.2020 wherein the
petitioner has requested for removing his name from the History Sheet
maintained by respondents 4 and 5 in H.S.No.504 of 2014.
3. The case of the petitioner is that the fourth
respondent registered an FIR in Crime No.266 of 2013 against the
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W.P.No.3492 of 2021
petitioner and the same ended in acquittal before the Assistant
Sessions Judge and Chief Judicial Magistrate, Cuddalore District,
Cuddalore in S.C.No.175 of 2013. The petitioner was acquitted from all
charges by judgment dated 21.02.2014. The further case of the
petitioner is that the fourth respondent registered another complaint
in Crime No.684 of 2013 and the said FIR, after investigation, was
closed as mistake of fact. This happened on 30.11.2013.
4. It is stated that apart from these two cases, there
was no other FIR registered against the petitioner. However, the name
of the petitioner continued in the History Sheet maintained by the
fourth respondent. According to the petitioner, in order to justify the
continuation of the name in the History Sheet, the first respondent has
initiated proceedings on 16.09.2020 under Section 110 of Cr.P.C. The
petitioner therefore made a representation to the Respondents on
28.12.2020 requesting for removal of the name of the petitioner from
the History Sheet. Since the same was not considered, the present
writ petition has been filed before this Court.
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W.P.No.3492 of 2021
5. I heard Mr.S.Doraisamy, the learned counsel for
the petitioner and Mr.M.Mohamed Riyaz, the learned Additional Public
Prosecutor for the Respondents.
6. Taking into consideration the facts and
circumstances of the case and the limited relief sought for in this writ
petition, there shall be a direction to the fourth respondent to
consider the representation made by the petitioner on 28.12.2020 and
deal with the same strictly in accordance with the guidelines issued by
this Court in [Sabari @ Sabarigiri Vs. Assistant Commissioner of
Police, Anna Nagar, (L&O) Range, Madurai city, Madurai and
others] in 2018 4 MLJ Crl. 585 and in [Thirumurugan and another
Vs. The Superintendent of Police, Madurai] reported in 2020 2 LW
crl 266 and take a decision, within a period of four weeks from the
date of receipt of a copy of this order. The petitioner is directed to
make a fresh representation to the fourth respondent along with a
copy of this order.
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W.P.No.3492 of 2021
7. This writ petition is disposed of with the above
directions. No costs.
17.02.2021
Index:Yes/No
Internet:Yes/No
kal
To
1. The Revenue Divisional Officer,
Cuddalore,
Cuddalore District.
2. The Superintendent of Police,
Cuddalore District,
Cuddalore.
3. The Deputy Superintendent of Police,
Cuddalore,
Cuddalore District.
4. The Inspector of Police,
Cuddalore Old Town Police Station,
Cuddalore,
Cuddalore District.
5. The Sub-Inspector of Police,
Cuddalore Old Town Police Station,
Cuddalore, Cuddalore District.
6. The Public Prosecutor
High Court, Madras.
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W.P.No.3492 of 2021
N.ANAND VENKATESH, J.,
kal
W.P.No.3492 of 2021
17.02.2021
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