Madras High Court
C.Sujinraja vs The Commissioner Of Police on 23 September, 2021
W.P.(MD).Nos.17313 & 17314 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.09.2021
CORAM
THE HONOURABLE MR. JUSTICE G.ILANGOVAN
W.P.(MD).Nos.17313 & 17314 of 2021
C.Sujinraja .. Petitioner in W.P.(MD).No.17313 of 2021
C.Jeyasurya .. Petitioner in W.P.(MD).No.17314 of 2021
Vs.
1.The Commissioner of Police,
Tirunelveli District,
Tirunelveli.
2.The Deputy Commissioner of Police,
O/o. The Deputy Commissioner of Police,
Tirunelveli City.
3.The Inspector of Police,
Tirunelveli Town Police Station,
Tirunelveli. .. Respondents in both petitions.
COMMON PRAYER: Writ Petitions are filed under Article 226 of
Constitution of India, for issuance of Writ of Mandamus, directing the
respondents to remove the petitioners' name from the history sheet
maintaining in file number 213 of 2021 and 215 of 2021 respectively on the
file of the respondent No.3 by considering the petitioners' representations
dated 09.07.2021 in light of the judgment i.e., Thirumagan and another Vs.
The Superintendent of Police, Madurai reported in 2020 (2) L.W. (Crl.) 266
within the time framed by this Court.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.17313 & 17314 of 2021
For Petitioners : Mr.T.Thirumurugan
For Respondents : Mr.K.Sanjai Gandhi
Government Advocate (Crl. Side)
(in both petitions)
COMMON ORDER
(These writ petitions are heard through video conference)
This writ petition has been filed for issuance of Writ of Mandamus,
directing the respondents to remove the petitioners' name from the history
sheet maintaining in file number 213 of 2021 and 215 of 2021 respectively
on the file of the respondent No.3 by considering the petitioners'
representations dated 09.07.2021.
2.The case of the petitioners is that a false case has been registered
against the petitioners in Crime No.1298 of 2020 for the offences
punishable under Sections 147, 148, 294(b), 323, 307 and 506(ii) of IPC. It
is a land dispute between them and third parties, for which a suit in O.S.No.
228 of 2019 has been filed against one Perumal Pallavarayar before the I
Additional District Munsif Court, Tirunelveli for permanent injunction and
now it is pending. Similarly, the said Perumal Pallavarayar, has filed a suit
in O.S.No.227 of 2019 before the same Court and it is also pending.
Pending the above suits, criminal case has been registered against them.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.17313 & 17314 of 2021
Except that case no other case is pending. Based upon which history sheets
have been opened against them. They sent a representation dated
09.07.2021 to remove their name from the history sheet in the light of the
order passed by this Court in the case of Thirumagan and another Vs. The
Superintendent of Police, Madurai, reported in 2020 (2) L.W. (Crl.) 266.
Since they were not considered, these writ petitions have been filed before
this Court.
3.The learned Additional Public Prosecutor submitted that the
representations of the petitioners will be considered by the first respondent
in accordance with law.
4.Since the limited request has been made by the petitioners, a
direction is issued to the first respondent herein to consider the
representations dated 09.07.2021, made by the petitioners in accordance
with law and pass orders on merits, within a period of four weeks from the
date of receipt of a copy of this order.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.17313 & 17314 of 2021
5.With the above direction, these writ petitions are disposed of. No
costs.
23.09.2021
Index : Yes / No
Internet : Yes / No
TM
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the
order may be utilized for official
purposes, but, ensuring that the copy of
the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
To
1.The Commissioner of Police,
Tirunelveli District,
Tirunelveli.
2.The Deputy Commissioner of Police,
O/o. The Deputy Commissioner of Police,
Tirunelveli City.
3.The Inspector of Police,
Tirunelveli Town Police Station,
Tirunelveli.
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https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.17313 & 17314 of 2021
G.ILANGOVAN,J.
TM
W.P.(MD).Nos.17313 & 17314 of 2021
23.09.2021
https://www.mhc.tn.gov.in/judis/
