S.Chelladurai vs The Superintendent Of Police
2021 Latest Caselaw 435 Mad

                                                                              WP No.20484 of 2020

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 06.01.2021

                                                        CORAM

                           THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

                                               WP No. 20484 of 2020


                     S.Chelladurai                                                ... Petitioner

                                                          vs.


                     1. The Superintendent of Police,
                        SP Office Campus,
                        Ariyalur District,
                        Ariyalur.

                     2. Inspector of Police,
                        Udayarpalayam Police Station,
                        Ariyalur District,
                        Ariyalur.                                               ... Respondents



                     Prayer:- Writ petition filed under Article 226 of the Constitution of India
                     praying to issue a Writ of Mandamus, directing the respondents to remove
                     the petitioner name, image displayed in H.S.No. Not known, from the
                     History Sheet Book maintained by the second respondent by considering
                     petitioner's representation dated 06.11.2020.


                     1/5


https://www.mhc.tn.gov.in/judis/
                                                                                  WP No.20484 of 2020




                                       For Petitioner      : Mr.R.Arun Dattan

                                       For Respondent      : Mr.M.Mohamed Riyaz
                                                             Additional Public Prosecutor


                                                        ORDER

This Writ Petition has been filed for the issuance of a writ of

mandamus directing the respondents to remove the name of the petitioner

from the history sheet records maintained by the second respondent in HS

No.403 of 2011.

2. The case of the petitioner is that an FIR came to be registered

against the petitioner and others and ultimately it resulted in a session case

in SC No.2 of 2011 before the Principal District and Sessions Judge,

Ariyalur. The case ended in acquittal by virtue of a judgment dated

02.11.2012. The further case of the petitioner is that based on this Criminal

case, the second respondent had opened a history sheet against the petitioner

in HS No.403 of 2011 and the name of the petitioner has not been deleted in

spite of the representation made by the petitioner. Left with no other option,

https://www.mhc.tn.gov.in/judis/ WP No.20484 of 2020

the present writ petition has been filed before this Court seeking for

appropriate directions.

3. Heard the learned counsel appearing for the petitioner and the

learned Additional Public Prosecutor appearing on behalf of the respondent.

4. Taking into consideration the facts and circumstances of the case,

there shall be a direction to the second respondent to consider the

representation made by the petitioner on 06.11.2020, in accordance with the

guidelines given by this Court in Sabari Vs. The Assistant Commissioner

of Police, Madurai City and Ors., reported in (2018) 4 MLJ (Crl) 585, and

in Thirumagan and Ors. Vs. The Superintendent of Police, Madurai

District and Ors., reported in (2020) 2 LW (Crl) 266. The entire process

shall be completed by the second respondent within a period of six weeks

from the date of receipt of copy of this order. The petitioner is directed to

make a fresh representation to the second respondent along with a copy of

this order.

https://www.mhc.tn.gov.in/judis/ WP No.20484 of 2020

5. This Writ Petition is disposed of with the above directions. No

costs.

06.01.2020

Internet: Yes/No Index: Yes/No speaking order/ Non Speaking order

jv

To

1. The Superintendent of Police, SP Office Campus, Ariyalur District, Ariyalur.

2. Inspector of Police, Udayarpalayam Police Station, Ariyalur District, Ariyalur.

https://www.mhc.tn.gov.in/judis/ WP No.20484 of 2020

N.ANAND VENKATESH,J.,

jv

WP No. 20484 of 2020

06.01.2021

https://www.mhc.tn.gov.in/judis/