Madras High Court
Meganathapandian vs / on 17 April, 2021
Author: G.Ilangovan
Bench: G.Ilangovan
W.P.(MD)No.7933 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.04.2021
CORAM :
THE HONOURABLE Mr.JUSTICE G.ILANGOVAN
W.P.(MD)No.7933 of 2021
Meganathapandian ...Petitioner
/Vs./
1.The Superintendent of Police,
Ramanathapuram District,
Ramanathapuram.
2.The Deputy Superintendent of Police,
Rameswaram Sub-Division,
Rameswaram,
Ramanathapuram District.
3.The Inspector of Police,
Rameswaram Jetty Police Station,
Ramanathapuram District. ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
to issue Writ of Mandamus, directing the third respondent to remove the
petitioner's name from the History Sheet in H.S.No.1 of 2016 rowdy list
displayed in the Notice Board by the third respondent police station.
For Petitioner : Mr.T.Veerakumar
For Respondents : Mrs.S.Bharathi
Government Advocate (Criminal Side)
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W.P.(MD)No.7933 of 2021
ORDER
By consent, this Writ Petition is taken up for final hearing at the admission stage itself.
2.This petition is filed seeking a direction to the respondents to consider the petitioner's representation, dated 21.02.2021 and pass orders within the time stipulated by this Court.
3.The case of the petitioner is that, he was implicated in Crime No.75 of 2015 for the offences punishable under Sections 147 and 188 of IPC r/w Section 2 and 3 of TNPPDL Act and later, in Crime No.85 of 2015 for the offences punishable under Sections 342, 294(b), 323, 324 and 506(ii) of IPC. During those times, the petitioner was a juvenile. In the year 2016, the third respondent police opened history sheet in H.S.No.1 of 2016 against the petitioner. There is a continuos threat from the police showing the history sheet. After 2016, he is not involved in any criminal case. So, the petitioner made a representation to the respondents on 21.01.2021 to remove his name from the history sheet. But, there was no action. Hence, the petitioner filed a present writ petition before this Court.
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4.When the matter came up for hearing, the learned Government Advocate (Criminal Side) for the respondents would submit that the authorities may consider the representation given by the petitioner on merits and pass appropriate orders within the time stipulated by this Court.
5.Considering the submissions made by the learned Government Advocate (Criminal side), the third respondent is directed to consider the representation given by the petitioner on merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order, keeping in mind the guidelines issued in the decisions in Sabari @ Sabargiri Vs. Assistant Commissioner of Police, Annanagar (L&O) Range, Madurai City, Madurai and Others reported in 2018 4 MLJ (Crl) 585 and Thirumagan Vs. The Superintendent of Police, Madurai District reported in 2020 (2) LW (Crl-266).
6.With the above direction, the Writ Petition stands disposed of. No costs.
17.04.2021 Index : Yes/No Internet:Yes/No sji https://www.mhc.tn.gov.in/judis/ 3/5 W.P.(MD)No.7933 of 2021 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 Superintendent of Police, Ramanathapuram District, Ramanathapuram.
2.The Deputy Superintendent of Police, Rameswaram Sub-Division, Rameswaram, Ramanathapuram District.
3.The Inspector of Police, Rameswaram Jetty Police Station, Ramanathapuram District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis/ 4/5 W.P.(MD)No.7933 of 2021 G.ILANGOVAN, J.
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