Madras High Court
Mr.S.Vijayakumar vs The Superintendent Of Police on 4 January, 2022
W.P.No.28194 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 04.01.2022
:CORAM :
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
W.P. No.28194 of 2021 and
WMP.No.29801 of 2021
Mr.S.Vijayakumar ..Petitioner
1. The Superintendent of Police
Cuddalore District,
Cuddalore.
2. The Deputy Superintendent of Police
Cuddalore District,
Cuddalore.
3. The Inspector of Police,
Thiruppapuliyur Police Station,
Cuddalore. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a Writ of Mandamus, directing the
respondents 1 to 3 to remove the petitioner's name from the History
Sheet maintained by them in H.S.No.430/2016.
For Petitioner : Mr.R.Srinivas
for Ms.Mythili Srinivas
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
1/6
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W.P.No.28194 of 2021
ORDER
This Writ Petition has been filed seeking direction to the
respondents 1 to 3 to remove the petitioner's name from the History
Sheet maintained by them in H.S.No.430/2016.
2. The case of the Petitioner in brief is as follows:
(i)The Petitioner was history sheeted by the Officer of
the Thirupapuliyur Police Station in H.S.No.430 of 2016 based on the
cases registered against him Cr.Nos.395 of 2012 for the offence
punishable under Sections 307, 323, 324, 148 and 294 (b) of I.P.C.,
Cr.No.113 of 2015 for the offence punishable under Sections 302, 324
r/w 34 I.P.C. and Cr.No.337 of 2016, which was suo motu registered
by the Officer incharge of the Thirupapuliyur Police Station for the
offence punishable under Section 7 (1)(a) of Criminal Law
Amendment Act 2005. The Petitioner was acquitted in Crime
Nos.395 of 2012 and 113 of 2015 by Judgment dated 08.03.2018 and
25.11.2016 respectively and in Crime No.337 of 2016 Charge Sheet is
yet to be filed, which is hit by limitation.
(ii)Despite several requests made by him orally to remove
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W.P.No.28194 of 2021
his name from the History Sheet, the respondents have not chosen to
do so. It is further stated in order to keep the History Sheet alive, the
officer has again registered two false cases against the petitioner in
Cr.No.179 of 2021 for the offence punishable under Sections 294 (b),
323, 506 (ii) IPC and Crime No.193 of 2021 for the offence punishable
under Section 392 of I.P.C. In Crime No.179 of 2021, the complaint
was given after 2 days of delay as is evidenced from the date it was
received by the Magistrate. Further, in Cr.No.193/2021, the case was
registered against unknown accused and he was roped in the case
only to maintain the History Sheet. It is further stated that from the
year 2016 the petitioner has not involved in any cases and he is
having two children and he is residing with his family and leading
respectable life, but due to his name being included in the History
Sheet, the petitioner is facing several difficulties and it is causing
stigma in the Society.
(iii) The petitioner submitted a representation on
23.10.2021 to the respondents seeking to remove his name from the
History sheet, but the respondents have not chosen to do so. Hence,
this Writ Petition.
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W.P.No.28194 of 2021
3. The learned Additional Public Prosecutor submitted that
the representation of the petitioner dated 23.10.2021 has been
received and enquiry will be completed and appropriate orders would
be passed within the stipulated time fixed by this Court.
4. Considering the facts and circumstances of the case and
also considering the submissions made by the learned Additional
Public Prosecutor the respondents are directed to consider and pass
orders on the representation of the petitioner dated 23.10.2021 on
merits and in accordance with law, within a period of four weeks
from the date of receipt of a copy of this order.
5. This Writ Petition is disposed of accordingly. No costs.
Consequently, connected Miscellaneous Petition is closed.
04.01.2022
Index: Yes/ No
Speaking Order/ Non speaking order
arr
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W.P.No.28194 of 2021
To
1. The Superintendent of Police
Cuddalore District,
Cuddalore.
2. The Deputy Superintendent of Police
Cuddalore District,
Cuddalore.
3. The Inspector of Police,
Thiruppapuliyur Police Station,
Cuddalore.
4. The Public Prosecutor
High Court, Madras.
M.NIRMAL KUMAR, J.
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W.P.No.28194 of 2021
arr
W.P. No. 28194 of 2021
04.01.2022
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W.P.No.28194 of 2021
https://www.mhc.tn.gov.in/judis
