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Showing contexts for: history sheet in Thirumagan vs The Superintendent Of Police on 3 July, 2020Matching Fragments
2016 investigation
♦ Acquitted in 8
cases;
♦ Quashed in 3
cases;
♦ Pending
investigation
in 2 cases since 2014
4 WP(MD) No. 269/2004 7 ..... 5 2 3 ♦ Mandamus to remove
19654/2018 the petitioner name
Balasubramanian
from H.S.No. 269 of
2004, and to pay
compensation.
♦ Acquittal in 2
cases;
♦ Pending
investigation in 3
cases; oldest is
Cr.No.15/2008 for
cheating.
♦ 110 Cr.P.C.,
proceeding in 2009 &
5 WP(MD) No. 266/2004 7 ..... 5 2 3 ♦ Mandamus to remove
19657/2018 the petitioner name
(A.M.Moorthy)
from H.S.No.266 of
2004,
and to pay
compensation.
Counter :
♦ Pending trial in
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
♦ Accused of
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
offences u/s. 143,
188, 353, 291 IPC
r/w. 189 of M.V. Act.,
in Cr.No.68/2019,
against which, a
quash petition was
filed in Crl.OP(MD)
No.9110 of 2018 and
is pending
investigation.
6 WP(MD) No. 420/2018 10 7 3 ..... 3 ..... ♦ Mandamus to remove
25185 / 2018 (Sec. the petitioner name
(Bazeerdeen) 188 & from the history sheet
353 ♦ Acquittal in one
Cr.P.C) case;
♦ Quashed in 6 cases
♦ 3 cases pending, of
which 2 pending
investigation; oldest
case pending
investigation in
7 WP(MD) No. 336/2016 4 ..... 4 ...... ...... 1 ♦ Certiorari
21506/2018 Mandamus to quash
(Ganesan) the impugned
Na.Ka.No.G5/21529/
2018 dated
25.09.2018. H.S.No.
336/2016 and
to remove the
petitioner's name
from history sheet.
♦ Acquittal in two
cases
♦ Case in Cr.No.703 of
2017 closed as
mistake of fact in
2019.
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
♦ Case in
pending trial for
offences under
Sec.342, 294(b) &
506(ii) IPC & Sec.4
of TNPHW Act.
♦ Counter :
Rowdyism abet
communal clash
8 Crl.OP(MD) ..... ..... ..... ...... S.C.No.
♦ Seeking direction to
No.4921/2019 131 of the respondents to
(Kalaiselvam) 2015 remove the petitioners'
disposed name from H.S.Nos.
on 2/2012, 5/2012, 3/2012
09.8.2019
&
♦ All petitioners
acquitted in
Counter :
♦ Kattapanchayat
♦ Petitioners viz.,
Kalaiselvam and
Sivakumar are
arrayed as accused
persons in Cr.No.
29/11. FIR
2 2 closed u/s.468
Cr.PC.,
9 Crl.OP(MD) 5/2012 -do- -do -
(Sivakumar)
10 Crl.OP(MD) 3/2012 -do- -do-
(Tamizhselvam)
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
11 Crl.OP(MD) 6/2012 -do- -do-
(Mohan)
12 WP(MD) 3/12 2 ..... 2 ...... ..... ..... 09.6.201 ♦ Mandamus to
No.21040/2018 Session
case
7 remove the petitioner
(Thirumugan) name from
H.S.No.266 of 2004,
and to consider the
representation
♦ Both cases
acquitted by Sessions
Court.
Counter:
Engineering
communal clash.
13 WP(MD) No. 9/2005 6 ..... 5 1 ...... ...... 24.4.2017 ♦ Mandamus to
4716/2019 remove the
(Balan @ petitioner's name
Balachandran) from H.S.No.09/2005
on the basis of his
representation.
♦Acquitted in 5 cases.
♦No details about fate
14 WP.(MD) No. 44/2004 4 ..... 3 1 ..... ...... 13.7.2018 ♦Mandamus to
8069/2019 dated remove the
(Selvaraj) 10/3/19 petitioner's name
on the basis of his
representation.
♦Acquitted in 5 cases.
Counter : Propensity
to commit crime.
15 WP(MD) No. 108/2014 4 ..... 3 1 1 ..... ..... ♦ Mandamus to
8332/2019 (2018) remove the
(T.D.Watson) petitioner's name
from
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
H.S.No.108/2014.
♦ One acquittal in 2007
♦One to quash Cr.No.
28/2014,
against which
Crl.OP(MD)
No.16456 of 2016 is
pending for quash;
♦ Petitioner suffering
from papillary
carcinoma thyroid
with L.N. Metastasis
Counter : C.C.No.38
of 2016 pending trial.
110 Cr.P.C.,
proceeding
withdrawn on
12.4.2019
16 Crl.OP(MD) 229/2006 1 ..... 1 ..... ..... ..... 2007 ♦ Seeking direction to
No.4725/2019 U/s. remove the
(Muthukumar) 302 petitioner's name
IPC from H.S.No.229 of
2006 and to consider
his representation.
♦No case after 2007.
No review.
17 WP(MD)No. Not stated 2 ..... 2 ..... 2 ..... ..... ♦ Mandamus to
5939 of 2019 both in remove the
(Rayappan) the petitioner's name
affidavit from rowdy list and
as well as to consider his
in counter representation.
♦ Both cases pending
investigation from
2015.
18 WP(MD) No. 169/2015 6 ...... 3 3 ..... ..... 06.4.2015 ♦ Mandamus to
22402/ 2018 (Last remove the
(P.Poolpandian) case U/s petitioner's name
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
107 dt. from H.S.No.
12.8.17) 169/2015 on
the basis of his
representation.
is discounted, no case
after 06.4.2015.
♦Counter : History
sheet required
because he was
involved in six cases.
19 WP(MD) No. 514/2004 7 ..... All ..... ...... 1 ♦ Mandamus to review
7774/2019 and close the history
(Antony Backia sheet maintained
Selvam) against the
petitioner.
♦ Acquittal in six
cases;
♦ Pending trial in
Cr.No.763/2016. No
subsequent case after
2016.
20 Crl.OP(MD) 136/1999 35 All + 2 1 5 ♦ Seeking direction to
No.22137/ 2018 NDPS the respondents to
Gopalakrishnan (Cr.No.361 remove the petitioner
of 2012) name from H.S.No.
136/1999.
♦Convicted in 4 cases
♦Acquittal in 18 cases
♦Pending trial in 7
cases
♦Pending
investigation in one
case
♦Pending CBCID one
case
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
♦110 Cr.P.C., 2 cases
Compromised 1 case
NTF one case
♦Oldest pending
cases in 2013 – two
cases.
21 WP(MD) No. H.S. 2 ..... 2 ..... ..... ♦ Mandamus to
6096/2019 Number remove the
(Jambunathan) not stated petitioner's name
in the from history sheet
affidavit and to consider his
as well as representation.
in counter
♦ In C.C.No.
convicted for 6
months;
♦ No details about
current status of
for offence u/s.147,
148, 342, 332 & 307
IPC
♦ Counter : Old age,
working as overhead
tank operator.
Petitioner's request
was rejected because
his integrity
suspected.
22 WP(MD) No. 59/2013 2 ..... 2 ..... ..... ♦ Mandamus to
5913/2019 consider his
(Ibrahim) representation to
remove the
petitioner's name
from history sheet.
♦ Involved in Cr.No.
133/2014 &
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
Cr.No.342/2015.
(History Sheeted in
2013, and current
status not stated)
23 WP(MD) No. 194/1998 2 .... 2 ...... ...... ..... 9 years♦ Mandamus to
5979/2019 consider his
(A. Rajkumar) representation and to
remove the
petitioner's name
from history sheet.
♦ The petitioner was
Convicted in
years, however he
was released on
22.08.2009, before
expiry of his sentence
term, on the ground
of his good
behaviour. He was
also acquitted in other
case in Cr.No.
536/1998.
24 WP(MD) No. 252/2018 6 ..... 6 ..... 5 ..... ♦ Mandamus to remove
9671/2019 the petitioner's name
(Nepolean) from history sheet by
considering his
representation.
♦ According to the
petitioner, CC.No.
compounded in
Crl.OP.No.18398/2018;
♦ Direction given in
8 to file final report in
Cr.No.159/2018 for
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
offence u/s. 307 &
TNPPDL Act;
♦ Oldest case pending
investigation is
Cr.No.325/2014;
Latest case
pending
investigation is
25 Crl.OP(MD) 1/2012 8 ..... IPC + ..... 1 2 ♦ Seeking direction to
No.22742/2018 Other remove the
(P.Murugan) Acts petitioner's name
from H.S.No.1/2012.
♦ Convicted twice, lastly
in Cr.No.6/2012 for
offence u/s. 75 TNCP.
Acquitted in three
cases
Recent case in Cr.No.
102/2019 for offence
u/s. 294(b), 323,
506(ii) IPC.,
26 WP(MD) 259/2013 6 ..... 6 ..... 2 ..... ♦ Mandamus to
No.306/2019 remove the
(Kandasamy) petitioner's name
from H.S.No.
259/2013.
♦ 2 cases acquitted
♦ 2 cases closed
♦ Cases under
investigation are in
2013;
Retained 2014 to
2018.
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
27 Crl.OP(MD) 742/2012 6 ..... 5 1 ..... ..... ♦ Seeking direction
No.5982/2019 to remove the
(J.V.Kennedy) petitioner's name
from H.S.No. 742 of
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
2012.
Counter :
♦ Acquitted in 5
cases
♦ Since the petitioner is
an habitual offender,
history sheet opened
against him is
extended till
31.12.2020.
28 WP(MD) No. 511/2014 6 ..... 5 ..... ..... ..... ♦ Mandamus to
4896/2019 consider the
(P.Ganesan) petitioner's
representation to
remove the
petitioner's name
from rowdy list.
♦ Acquittal in 2 cases
♦ Two cases closed
♦ Quash petition filed
in Crl.(OP)MD No.
against Cr.No.
320/2018. FIR
stayed
29 WP(MD) No. 548/2017 4 ..... 3 1 ♦ Mandamus to remove
8066/2019 the petitioner name
(S.Ranjith from history sheet and
Kumar) to consider his
representation.
♦ According to the
petitioner, 4 criminal
cases are pending
against him, of which,
acquittal in 2 cases,
pending trial in one
case and pending
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
investigation in one
case.
♦ Counter :
In the counter, the
petitioner is stated to
have involved in 3
criminal cases. It also
states about the
alleged incident on
26.12.2017 and there
is no information in
the counter whether
any case was
registered against the
occurrence on
26.12.2017 or
whether the last case
(Cr.No.3/2018) in the
counter, pertains to it.
30 Crl.OP(MD) 155/2010 13 8 5 ♦ Seeking a direction
No.4816/2019 to remove the
(Paramasivsam) petitioner name from
history sheet and not
to harass the
petitioner and his
family members
♦ The petition is
bereft of case details
and it is alleged in the
affidavit that he faced
trial before the
Sessions Court and
was acquitted, and
thereafter, a false case
was foisted against
him in 2015, and was
again acquitted.
http://www.judis.nic.in
WP(MD)No.21040 of 2018 & etc. batch cases
Sl. W.P.(MD)/ H.S. No. Nature of cases Cases now pending Cases Other details
No. Crl.OP(MD Details of ended
) case in
(Petitioner' s Political IPC & Sec. Pending Pending
s name) / Social Other 107, 109 Investigation Trial
cases cases & 110
Cr.P.C.,
(1) (3) 5(a) 5(b) 5(c) 6(a) 6(b) (8)
(2) (4) (7)
Counter :
♦ It is alleged that 13
cases are registered
against the petitioner .
The crime have
essentially taken
place due to
internecine family
dispute, in which 9
murders have taken
place in three police
station limits, and
these details were
suppressed in the
affidavit.
♦ Acquitted in 7
cases
♦ Convicted in one
case
♦ Received good
behaviour bond in 3
cases
♦ Action dropped in 2
cases
PART II - THE ARGUMENTS
(b) The PSO, History sheeting & Arbitrary space:
17.1 Where lies the fountain head of arbitrary exercise of the power to history-sheet? History-sheeting essentially revolves around four provisions in Chapter XLII of the Police Standing Order: PSO 746, 747, 748 and 749. They are reproduced:
PSO No. Contents
746. History Sheets Part V (Form No.111) shall contain the History Sheets of the persons resident permanently or temporarily in their Station limits who are known or believed to be addicted to or to aid and abet the commission of crime, whether convicted or not, or who are believed to be habitual receivers.
18. Even a cursory glance of these provisions would instantly inform that the history- sheeting under PSO 747 is relatively least troublesome, as the parameter it provides is straight forward:
A conviction by a Court for certain specified offenses. The provision itself is titled 'Automatic Opening of History Sheets', as it makes history-sheeting, a concomitant fallout of a conviction.
In terms of PSO 747, a convict alone will be history-sheeted, and will remain a history-sheeter during the term of his sentence plus two years. A citizen's right is protected here, since the sine qua non for history-sheeting is a judgment of a Court. This is akin to the National Registry of sexual offenders brought about under the Criminal Law Amendment Act, 2018. It has a legislative base with a judicial verdict as its backing.
batch:
http://www.judis.nic.in WP(MD)No.21040 of 2018 & etc. batch cases
a) The first category of cases involve both allegations of history-sheeting for participating in democratic protests and demonstrations and also inability to pursue a profession.
● The petitioner in W.P.7546/2019 is a law graduate. He also has to his credit, a M.Phil. degree in Economics. He introduces himself as a social activist and claims to have part taken in political agitations and demonstrations. He had 4 cases to his credit, of which two are more likely to relate to political demonstrations as they are registered under Sec.188 IPC. A history sheet was opened in HS.898/2011 at the concerned police station. It was closed once in 2013 but reopened in 2017 when he was booked in Cr.No:40/2017. In this case further action was dropped by the police, even in 2017. Still, he continues to be a history sheeter. He therefore moved the authorities to remove his name from the history sheet. The Superintendent of Police has forwarded his request to the assistant Superintendent of Police who in turn called for the report of the SHO of the concerned station, based on whose report, the Assistant Superintendent of Police, Vide his proceedings dated 06-01-2017 had directed closure of the history-sheet opened against the petitioner, but it is yet to happen. http://www.judis.nic.in WP(MD)No.21040 of 2018 & etc. batch cases Where has gone all the judicial sermons that this court had painstakingly delivered through its judgements? Why were the principles governing history- sheeting ignored? When no case was pending against him, where is the legal justification for retaining him in the history sheet without recourse to Habitual Offenders Act, or to Sec.107 or Sec. 110 Cr.P.C.? Where is the application of mind?