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Madras High Court

J.Joshua Devadass vs The Superintendent Of Police on 15 October, 2024

                                                                          W.P(MD)No.24133 of 2024


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED: 15.10.2024

                                                      CORAM :

                            THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

                                         W.P.(MD)No.24133 of 2024
                                                   and
                                   W.M.P.(MD)Nos.20486 and 20487 of 2024


                     J.Joshua Devadass                                       ...Petitioner


                                                        Vs.


                     1.The Superintendent of Police,
                       O/o.Superintendent of Police,
                       Thoothukudi,
                       Thoothukudi District.

                     2.The Deputy Superintendent of Police,
                       O/o.Deputy Superintendent of Police,
                       Sattankulam,
                       Thoothukudi District.

                     3.The Inspector of Police,
                       Thattarmadam Police Station,
                       Thattarmadam,
                       Satankulam Taluk,
                       Thoothukudi District.                                 ... Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying this Court to issue a Writ of Certiorarified Mandamus, to

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                                                                               W.P(MD)No.24133 of 2024


                     call for the records pertaining to Impugned Order dated 02.06.2022
                     passed by the second respondent in ordering the opening of a History
                     Sheet against the petitioner and its retention till date is illegal and quash
                     the same and consequential direction to remove the name of the
                     petitioner from the History Sheet on the file of the third respondent
                     police.

                                        For Petitioner   : Mr.V.Rajiv Rufus

                                        For Respondents : Mr.E.Antony Sahaya Prabahar
                                                          Additional Public Prosecutor


                                                          ORDER

The Writ Petition is directed against the order dated 02.06.2022 passed by the second respondent and for direction to the respondents to remove the name of the writ petitioner from the history sheet on the file of the third respondent police.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner would 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.24133 of 2024 submit that the second respondent has passed an order dated 02.06.2022 opening history sheet against the writ petitioner and that though the writ petitioner's mother has sent a representation dated 06.11.2023 to the first respondent for removing the writ petitioner's name, the same cannot be considered till now.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that the writ petitioner is having three cases in Crime Nos.153, 156 and 158 of 2022, which came to be registered on 16.04.2022, 17.04.2022 and 18.04.2022 respectively and that except the above three cases, the writ petitioner is not having any other cases. He would further submit that the writ petitioner's representation dated 06.11.2023 will be considered in the next meeting.

5. Recording the submission made by the learned Additional Public Prosecutor, the second respondent is directed to consider the representation dated 06.11.2023 and pass orders in accordance with law, in the next meeting.

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https://www.mhc.tn.gov.in/judis W.P(MD)No.24133 of 2024

6. With the above direction, the Writ Petition stands disposed of.

Consequently, connected Miscellaneous Petitions are closed. No costs.

15.10.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To

1.The Superintendent of Police, O/o.Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Sattankulam, Thoothukudi District.

3.The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Satankulam Taluk, Thoothukudi District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis W.P(MD)No.24133 of 2024 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.24133 of 2024 K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.24133 of 2024 and W.M.P.(MD)Nos.20486 and 20487 of 2024 Dated : 15.10.2024 6/6 https://www.mhc.tn.gov.in/judis