Madras High Court
P.Thirumoorthy vs The Commissioner Of Police on 24 February, 2021
1 W.P.No.4282 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.02.2021
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.4282 of 2021
P.Thirumoorthy .. Petitioner
Vs.
1. The Commissioner of Police,
Salem City,
Salem District.
2. The Inspector of Police,
Sooramangalam Police Station
Salem District. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India praying to issue Writ of Mandamus to direct the respondents to
remove the petitioner name from the list of History Sheet in
H.S.No.6 of 2009 maintained on the file of the 2nd respondent by
considering the petitioner's representation dated 23.01.2021.
For Petitioner : Mr.R.Jayaprakash
https://www.mhc.tn.gov.in/judis/
2 W.P.No.4282 of 2021
For Respondents : Mr.C.Ragavan
Government Advocate
ORDER
This writ petition has been filed for the issue of writ of
Mandamus directing the respondent police to remove the name of
the petitioner from the history sheet in H.S.No.6 of 2009 maintained
by the 2nd respondent by considering the representation made by the
petitioner on 23.01.2021.
2. It is seen from records that the 2nd respondent had
registered an F.I.R in Crime No.1018 of 2008 and the petitioner was
arrayed as the 3rd accused (A3) in this case. This Case ultimately
ended in trial in S.C.No.320 of 2009 and by judgment dated
01.10.2010, the petitioner was acquitted from all charges. The
further case of the petitioner is that the petitioner has not been
involved in any other case till date. The petitioner made a
representation to remove his name from the history sheet. The same
was not considered by the respondents and the petitioner has been
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called for an enquiry initiated under section 110 of Cr.Pc. Aggrieved
by the same, the present writ petition has been filed before this
Court.
4. Heard the learned counsel for the petitioner and
Mr.M.Mohamed Riyaz, learned Additional Public Prosecutor
appearing on behalf of respondents.
5. 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 2nd respondent to consider the
representation made by the petitioner on 23.01.2020 and deal with
the same in accordance with the guidelines issued by this Court in
[Sabari @ Sabarigiri Vs. Assistant Commissioner of Police, Anna
Nagar, (L&O) Range, Maurai 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 final orders shall be passed, within a period of four weeks
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from the date of receipt of a copy of this order. The petitioner is
directed to make a fresh representation to the 2nd respondent along
with a copy of this order.
6. This writ petition is disposed of with the above
directions. No costs.
24.02.2021
Index : Yes/No
Internet : Yes/No
rka
To
1. The Commissioner of Police,
Salem City,
Salem District.
2. The Inspector of Police,
Sooramangalam Police Station
Salem District.
https://www.mhc.tn.gov.in/judis/
N.ANAND VENKATESH, J.
rka
W.P.No.4282 of 2021
24.02.2021
https://www.mhc.tn.gov.in/judis/
