Madras High Court
Devaurakkam @ Devairakkam vs The Deputy Superintendent Of Police on 12 November, 2024
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
W.P.(MD)No.26532 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12.11.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR
W.P.(MD)No.26532 of 2024
Devaurakkam @ Devairakkam ... Petitioner
Vs.
1.The Deputy Superintendent of Police,
Valliyoor,
Tirunelveli District.
2.The Inspector of Police,
Uvari Police Station,
Tirunelveli District. ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, seeking a Writ of Mandamus, to direct the first respondent to
remove the petitioner's name from the History Sheet, which is being
maintained by the second respondent, by considering the petitioner's
representation dated 04.09.2024.
For Petitioner : Mr.T.Lenin Kumar
For Respondents : Mr.A.Thiruvadi Kumar
Additional Public Prosecutor
1/6
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.26532 of 2024
ORDER
This order has to be read in conjunction with and in continuation
of earlier proceedings made in the previous listing on 06.11.2024, which
reads as follows:-
''The petitioner an agriculturalist having two children,
was involved in a case long back and the second respondent
had opened a history sheet against him since he was involved in
a case in Crime No.51 of 2007 for the offences under Sections
147,148,149,429,324 and 307 of IPC. The petitioner faced trial
in S.C. No. 3 of 2008 and was convicted by the learned Assistant
Sessions Judge, Valliyoor on 23.08.2011 and sentenced to
undergo six year rigorous imprisonment. Thereafter the
petitioner approached the District and Sessions Court and the
district Court dismissed the appeal confirming the judgment of
the trial Court. Against which he filed criminal revision before
this Court in Crl.R.C(MD) No.150 of 2012. This Court
dismissed the revision on 12.12.2018 confirming his conviction
against which the petitioner filed criminal appeal before the
Hon'ble Apex Court in Criminal Appeal No.3597 of 2023 in
SLP(Crl.) No.8320 of 2023. The Apex Court partly allowed the
appeal by reducing the period of sentence already undergone
and directed the petitioner to deposit a sum of Rs.1,00,000/-
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before the trial Court and directed the trial Court to disburse
Rs.50,000/- to one victim who lost her finger and also directed to
disburse Rs.25,000/- each to other two victims who got injured.
2. The further contention of the petitioner is that in yet
another case in Crime No.121 of 2021 which culminated into
C.C. No. 95 of 2022, the trial Court by judgment dated
19.07.2024 acquitted the petitioner from all charges. Though no
case is pending against the petitioner, the second respondent is
maintaining history sheet opened more than a decade ago in
H.S. No. 119 of 2011 . This history sheet was pursuant to Crime
No.51 of 2007. Now the petitioner is not facing any conviction
or any other criminal case. Hence petitioner sent a
representation dated 04.09.2024 to the respondents to remove
his name from the history sheet but the first respondent is yet to
take any decision, hence he filed the present petition.
3. The learned Additional Public Prosecutor would submit
that the petitioner committed assault on three victims of which
one victim lost finger and the other two victims sustained
injuries. A case in crime No. 51 of 2007 registered which
culminated into S.C. No.3 of 2008 and the petitioner was
convicted and sentenced to undergo six years rigorous
imprisonment. Against which the petitioner preferred C.A. No.
138 of 2011 before the Additional Sessions Court, Fast Tract
Court No.II, Tirunelveli and the sessions Court by judgment
dated 09.01.2012 dismissed the appeal and confirmed the
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judgment of the trial Court. Against which the petitioner has
filed criminal revision before this Court in Crl.R.C(MD) No.150
of 2012 and this Court by order dated 12.12.2018 confirmed the
judgment of the trial Court by confirming the conviction.
Thereafter the petitioner preferred appeal before the Hon'ble
Apex Court and the Apex Court vide judgment dated 24.11.2023
confirmed the conviction but reduced the sentence as period
already undergone and also directed the petitioner to pay a sum
of Rs.1,00,000/- to the victims as a condition. Whether condition
complied or not the counsel is unable to confirm the same.
4. At this juncture, the learned counsel appearing for the
petitioner seeks small accommodation to produce the proof for
payment of Rs.1,00,000/- before the trial Court.
5. List the case on 12.11.2024.''
2. Pursuant to the order passed by this Court on 06.11.2024, the
learned counsel for the petitioner has today produced a receipt
confirming the payment of Rs.1,00,000/- as directed by the Hon'ble
Supreme Court in Criminal Appeal No. 3597 of 2023, dated 24.11.2023.
3. Therefore, as of now, the petitioner has no criminal cases
pending against him. In view of the same, the first respondent and the
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second respondent are directed to remove the petitioner's name from
History Sheet, within a period of two weeks from the date of receipt of a
copy of this order.
4. With the above direction, this Writ Petition stands allowed. No
costs.
12.11.2024
NCC : Yes / No
Index : Yes / No
smn2
To
1.The Deputy Superintendent of Police,
Valliyoor,
Tirunelveli District.
2.The Inspector of Police,
Uvari Police Station,
Tirunelveli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
M.NIRMAL KUMAR, J.
smn2
Order made in
Dated: 12.11.2024
https://www.mhc.tn.gov.in/judis
