MARIYAPPAN @ MARYIAPPAPANDIYAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The prayer sought for in the present writ petition is to direct the second respondent to conduct an enquiry in accordance with Section 748(1) of the police standing order after hearing the petitioner and remove the petitioner's name from the history sheet in H. S. No. 783/2016, on the file of the fourth respondent by way of considering the petitioner's representation, dated 19. 12. 2019.

(2.) The learned counsel appearing for the petitioner would submit that the petitioner is doing agriculture work. In the year 2016, the fourth respondent police has registered a false case in Crime No. 439 of 2016, for the alleged offence under Sections 147 , 148 , 435 of IPC r/w TNPPDL Act and Crime No. 195 of 2013, for the alleged offence under Sections 143 , 341 and 188 of IPC and charge sheeet is yet to be filed before the concerned Jurisdicitonal Magistrate Cout. In continuation, in order to harass the petitioner and to restrict his movements, at the instigation of the superior officers in the Police Department, Histroy Sheeted Rowdy Book was opened at the fourth respondent police station and the petitioner was compelled to attend the police station in the pretext of enquiry in a routine manner. Therefore, the petitioner had approached this Court in W. P. (MD)No. 24904 of 2016 and the same was disposed on 20. 03. 2017 and this Court had directed the third respondent to consider the petitioner's representation and pass orders within a period of four weeks. But, the said order has not been complied with. In this regard, the petitioner had already made a representation on 19. 12. 2019 to delete the name in the History Sheet, but the respondents have not yet considered till date. Therefore, he sought for allowing the writ petition.

(3.) The learned Government Advocate (Crl. Side) appearing for the respondents submitted that the petitioner is an habitual offender indulging in rowdy activities, extortion, katta panchayats, etc. Hence, History Sheeted Rowdy Book was opened at the second respondent police station as against the petitioner and it is being extended regularly as per the Police Standing Order. Therefore, he prays to dismiss the writ petition.