Madras High Court
S.Killai Ravindran vs The Director General Of Police on 2 August, 2022
Author: G.Jayachandran
Bench: G.Jayachandran
W.P.No.13140 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.08.2022
CORAM:
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN
W.P.No.13140 of 2019
S.Killai Ravindran ... Petitioner
Vs.
1. The Director General of Police,
Radhakrishnan salai,
Mylapore,
Chennai – 4.
2. The Deputy Inspector General of Police,
Thanjavur Range,
Thanjavur Collectorate S.O,
Thanjavur,
Tamilnadu – 613 001.
3. The Superintendent of Police,
Nagapattinam District,
Tamil nadu – 611 001.
4. Tr.Singaravelan,
The Inspector of Police,
Sirkazhi Police Station,
Nagapattinam District. ... Respondents
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W.P.No.13140 of 2019
Prayer:
This Writ Petition filed under Article 226 of the Constitution of India,
to issue an order, direction, or writs in the nature of writ of Mandamus for a
direction directing the 1st respondent to give suitable instructions to
respondents 2 &3 to take appropriate action against 4th respondent
Tr.Singaravelan, Inspector of Police, Sirkazhi Police Station, who did not
follow the procedure laid down in Police Standing Order before opening of
History Sheets against the innocents and apart from departmental action
against him.
For Petitioner : M/s.V.Lakshmi Narayanan
For R1 to R3 : Mr.N.S.Suganthan
Government Advocate (Crl.Side)
For R4 : Mr.B.Thiyagarajan
for Mr.E.Soundar Rajan
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W.P.No.13140 of 2019
ORDER
This Writ Petition has been filed by the petitioner seeking to direct the first respondent to give suitable instructions to the respondents 2 and 3 and to take appropriate action against fourth respondent.
2. Learned counsel for the petitioner submitted that the petitioner herein was included in the list of history sheeter by the third respondent herein, based on the recommendation of the second respondent. According to the petitioner, two F.I.R's which were registered against him in Crime No.459 of 2017 and Crime No.460 of 2017 by the fourth respondent, was the reason for including his name in the list of history sheeter. He further submitted that, without following due process and guidelines laid down in the Police Standing Orders, the fourth respondent forwarded his report to the third respondent to include the petitioner's name in the history sheeter list. The abovesaid two F.I.R's registered against him were later taken on file in C.C.No.628 of 2018 and S.T.C.No.922 of 2018 by the learned Judicial Magistrate, Sirkali. Both these proceedings came to be settled between the parties and both the cases were closed as compounded before 3/10 https://www.mhc.tn.gov.in/judis W.P.No.13140 of 2019 the National Lok Adalat, held on 08.12.2018 at Sirkali. The order of the third respondent including the name of the petitioner in the history sheeter list was quashed by this Court, vide order dated 07.01.2019 in W.P.No.13123 of 2018. Now the petitioner has filed this Writ Petition, seeking direction to the first respondent, for taking appropriate action against the fourth respondent, who did not follow the procedures laid down in Police Standing Orders before opening the history sheet against the petitioner and to take departmental action against him.
3. This Court perused the documents annexed along with the Writ Petition and heard Mr.V.Lakshmi Narayanan, learned counsel for the petitioner, Mr.N.S.Suganthan, learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 and Mr.B.Thiyagarajan, learned counsel appearing for the fourth respondent.
4. The contention of the petitioner is that he was a promising politician of a recognized/renowned party. Including his name in the list of history sheeter and publishing the same in wh,atsapp has caused damages to 4/10 https://www.mhc.tn.gov.in/judis W.P.No.13140 of 2019 his reputation and affects his future. The action of the fourth respondent recommending to include his name in the history sheeter list is though tentative, it is malafide and is in violation of the procedures laid down in Police Standing Order. Hence, he prayed to take necessary action against the fourth respondent.
5. Learned counsel for the fourth respondent has submitted that F.I.R's registered in Crime No.459 of 2017 and Crime No.460 of 2017 were investigated and final report was filed and the same were taken on file in C.C.No.628 of 2018 and S.T.C.No.922 of 2018 on the file of the Judicial Magistrate, Sirkali. Considering the character of the petitioner, the fourth respondent, in his wisdom thought it fit that he must be included in the list of history sheeter and therefore, forwarded his recommendation to the third respondent, who in turn, after perusing all the documents, satisfied with the recommendation and forwarded the papers to the second respondent, who passed the order dated 17.03.2018, for including the name of the petitioner in the list of history sheeter. During the course of discharging his duty, he was prima facie satisfied and accordingly he recommended for inclusion of 5/10 https://www.mhc.tn.gov.in/judis W.P.No.13140 of 2019 the petitioner's name in the history sheet list. However, order was passed by the superior officer who independently perused the record and passed the order.
6. Learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 has submitted that the petitioner was spreading false information through social media and hence, based on the complaint given by de-facto complainant, F.I.R in Crime No.459 of 2017 was registered and later the same de-facto complainant has given a complaint about the act of way-laid by the petitioner. Hence the second F.I.R in Crime No.460 of 2017 was registered. Considering the propensity to commit crime by the petitioner, the second respondent included the petitioner's name in the history sheeter list.
7. On a perusal of the records, it indicates that the order of the second respondent including the petitioner's name in the history sheeter list, came to be quashed by this Court vide order dated 07.01.2019 in W.P.No.13123 of 2018, wherein this Court has clearly observed that the respondents have 6/10 https://www.mhc.tn.gov.in/judis W.P.No.13140 of 2019 not followed the established procedures as found in Police Standing Order No. 746 and also the guidelines of this Court rendered in [Sabari@Sabarigiri Vs. The Assistant Commissioner of Police and others ] made in W.P.MD. Nos.19651 of 2017 etc., Batch, dated 26.09.2018.
8. Considering the fact that the history sheet was opened without following the requirement of Police Standing Order 746 and the case has also come to be closed subsequently in the National Lok Adalat, the Court has also directed the respondent to remove the petitioner's name from the record of history sheeter.
9. As submitted by the counsel for the fourth respondent, even assuming that the two F.I.Rs registered against the petitioner were based on the motivated complaints, and on those two complaints, history sheet was opened, it was not made on the discretionary power of the fourth respondent, who is only Inspector of Police and the history sheet was opened by the Superintendent of Police, on the recommendation of the Deputy Superintendent of Police, Nagapattinam. Further more, the two 7/10 https://www.mhc.tn.gov.in/judis W.P.No.13140 of 2019 cases registered against the petitioner was not decided on merit and the same were compounded in Lok Adalat. The record does not on the face of it indicate any violation of power by the official, who served as the Inspector of Police at Sirkali Police Station at the relevant point of time. Therefore, this Court finds no reason to entertain this Writ Petition.
10. In the result, this Writ Petition is dismissed. No costs.
02.08.2022 mfa Index:yes/No Internet:yes/No To
1. The Director General of Police, Radhakrishnan salai, Mylapore, Chennai – 4.
2. The Deputy Inspector General of Police, Thanjavur Range, Thanjavur Collectorate S.O, Thanjavur, Tamilnadu – 613 001.
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3. The Superintendent of Police, Nagapattinam District, Tamil nadu – 611 001.
9/10 https://www.mhc.tn.gov.in/judis W.P.No.13140 of 2019 Dr.G.JAYACHANDRAN,J.
mfa W.P.No.13140 of 2019 02.08.2022 10/10 https://www.mhc.tn.gov.in/judis