Madras High Court
S.Chandramohan vs The Superintendent Of Police on 24 July, 2023
W.P.No.21786 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.07.2023
CORAM :
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.No.21786 of 2023
S.Chandramohan .. Petitioner
Versus
1. The Superintendent of Police,
O/o. Superintendent of Police,
Myladudurai District.
2. The Deputy Superintendent of Police,
O/o. Deputy Superintendent of Police,
Sirkazhi Sub-Division,
Sirkazhi, Myladudurai District.
3. The Inspector of Police,
Sirkazhi Police Station,
Sirkazhi, Myladudurai District. .. 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 name of the petitioner in the History Sheet H.S.No.405 of 2020
maintaining by the third respondent in pursuant to petitioner representation
dated 26.06.2023.
For Petitioner : M/s.P.Muthamizh Selvakumar
For Respondents : Mr.A.Damodaran,
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W.P.No.21786 of 2023
Additional Public Prosecutor
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.405 of 2020 maintained by the third respondent
Police by considering the representation made by the petitioner.
2. The case of the petitioner is that the third respondent registered an
F.I.R in Crime No.778 of 2015 for the offences under Sections 294(b), 352
of I.P.C and a Final Report has been filed in S.T.C.No.175 of 2016 on the
file of the learned Judicial Magistrate, Sirkazhi and by a judgment, dated
02.09.2026, the accused was acquitted from all the charges. Similarly, the
third respondent registered another F.I.R in Crime No.1400 of 2022 and a
Final Report has been filed in C.C.No.2201 of 2021 on the file of the
learned Judicial Magistrate, Sirkazhi and by a judgment, dated 29.05.2023,
the petitioner was acquitted from all the charges. Thereafter, the third
respondent opened a History Sheet against the petitioner in the year 2020 in
H.S.No.405 of 2020.
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W.P.No.21786 of 2023
3. The further case of the petitioner is that he has been actively
involving in political activities. The grievance of the petitioner is that,
though the petitioner is not involved in any criminal activities nor engaged
with any antisocial elements and has always voiced for the voiceless, the
third respondent Police continues to retain the name of the petitioner in the
History Sheet only with personal motive and vengeance and in order to
harass him. Therefore, the petitioner made representation to remove his
name from the History sheet. Since the same was not considered, the
present Writ Petition has been filed before this Court.
4. Heard M/s.P.Muthamizh Selvakumar, learned counsel for the
petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor for
the respondents.
5. Taking into consideration the facts and circumstances of the case,
there shall be a direction to the third respondent to act upon the
representation made by the petitioner 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
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W.P.No.21786 of 2023
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 appropriate 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 third respondent along with a copy of this
order.
6. This writ petition is disposed of with the above directions. No
costs.
24.07.2023
Index : yes/no
Speaking order/Non-speaking order
Neutral Citation : yes/no
grs
To
1. The Public Prosecutor,
High Court of Madras.
2. The Superintendent of Police,
O/o. Superintendent of Police,
Myladudurai District.
3. The Deputy Superintendent of Police,
O/o. Deputy Superintendent of Police,
Sirkazhi Sub-Division,
Sirkazhi, Myladudurai District.
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W.P.No.21786 of 2023
4. The Inspector of Police,
Sirkazhi Police Station,
Sirkazhi, Myladudurai District.
N.ANAND VENKATESH, J.
grs
W.P.No.21786 of 2023
24.07.2023
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W.P.No.21786 of 2023
https://www.mhc.tn.gov.in/judis
