Citation : 2021 Latest Caselaw 5379 Mad
Judgement Date : 1 March, 2021
W.P.No.4793 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:01.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.4793 of 2021
Karthik @ Karthikeyan,
S/o.Muthusamy ... Petitioner
Vs.
1. The Inspector of Police,
Annathanapatti Police Station,
Salem, Salem City.
2. The Assistant Commissioner of Police,
South Range L & O,
Salem City. ...Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of India,
seeking Writ of Mandamus directing the 1st respondent to remove my
name from the rowdy list in the H.S.No.749 of 2019.
For Petitioner : Mr.P.Kumaresan
For Respondents : Mr.M.Mohammed Riyaz
Additional Public Prosecutor
ORDER
This writ petition has been filed challenging the history sheet
maintained by the first respondent wherein the name of the petitioner
has been entered as a history sheet number in H.S.No.749 of 2019.
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2. The case of the petitioner is that the first respondent has
registered a case in Crime No.262 of 2018 against the petitioner for an
offence under Sections 387, 506(ii) IPC. The investigation was
conducted and final report was also filed in this case and it was taken
on file by the learned Judicial Magistrate IV, Salem in C.C.No.229 of
2018. On completion of trial, the court below acquitted the petitioner
from all charges by a judgment and decree dated 29.05.2019.
3. The grievance of the petitioner is that the first respondent
continues to maintain the name of the petitioner in the history sheet
and even the earlier order passed by this Court was not complied
with. Left with no other option, the present writ petition has been
filed before this Court.
4. 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 first respondent to consider the claim made
by the petitioner strictly in accordance with the guidelines issued by
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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 pass orders, 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 first respondent along with a copy of this
order.
5. This writ petition is disposed of with the above terms. No
costs.
01.03.2021
Index:Yes/No Internet:Yes/No kal
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N.ANAND VENKATESH, J.,
kal To
1. The Inspector of Police, Annathanapatti Police Station, Salem, Salem City.
2. The Assistant Commissioner of Police, South Range L & O, Salem City.
3. The Public Prosecutor High Court, Madras.
W.P.No.4793 of 2021
01.03.2021
https://www.mhc.tn.gov.in/judis/ Page No.4/4
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