High Court · 2025

W.P.No.7804 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 05.03.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.No.7804 of 2025S.Raja... Petitioner Vs1. The Superintendent of Police, Vellore District, District Police Office Building, Sathuvacheri, Vellore 632 009. (Behind Collector Office)2. The Inspector of Police, H4-K.V.Kuppam Police Station, Vellore District. ... RespondentsPRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the respondents to remove the name of the petitioner in the History sheet vide H.S.No.564/2021, pending on the file of the second respondent with immediate effect.For Petitioner : Mr.J.KannanFor Respondents : Mr.A.Gopinath Government Advocate (Crl.side)Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7804 of 2025 ORDERThis Writ Petition has been filed for direction directing the respondents to remove the name of the petitioner in the History sheet vide H.S.No.564/2021, pending on the file of the second respondent with immediate effect.2. Heard the learned counsel on either side and perused the materials available on record.3. On instructions, the learned Government Advocate (Crl.side) appearing for the respondents submitted that no representation has been received seeking removal of petitioner's name from the history sheet.4. The issue involved in this writ petition has already been dealt with by the Madurai Bench of this Court and detailed order has been passed in W.P.(MD)No.19651 of 2017 on 26.09.2018. On the basis of the above said Order, the Director General Of Police, Chennai issued a Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7804 of 2025circular in Rc.No.133410/Crime4(3)/2018 dated 05.10.2018, which reads as follows :-The Hon'ble Madurai Bench of Madras High Court in its order dated 26.09.2018, in a batch of cases, in the reference second cited, while quashing the History Sheet maintained in certain Police Stations and which are challenged before the Hon'ble Court, has observed and directed as follows :- "28................ there is a general pattern adopted trend by the Police to continue to retain the names of the persons in the history sheet showing them as rowdies without any justifiable reasons. The Police did not realise that the purpose of opening a history sheet is to keep surveillance and check on hardened and habitual criminals in order to maintain peace and tranquility in the society. 29.As mentioned above, it also becomes the duty of the Police to keep reviewing the history sheet regularly to ensure that the persons, who are no longer required to be retained in the list are removed from the list, since it involves the dignity and public image of a person ............. 30.Whenever representations are made by the persons whose names are found in the history sheet, it is Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7804 of 2025the duty of the respondent Police to consider the same ............. It will be of no use for the respondent Police to keep the representation pending even without considering them and driving the concerned persons to file appropriate petition before this Court. This Court only hopes that the Police learns a lesson at least after the passing of this order, to be more sensitive and serious in maintaining history sheet. 31........... The Police seems to be adopting the practice of registering FIRs against the persons under Sections 109 and 110 of CrPC, just to open the history sheet and to justify the continuance of the name of the persons in the history sheet. ............... automatic opening of history sheet can be done only if the person has been convicted more than twice under Section 109 of CrPC and more than once under Section 110 of CrPC. Therefore, mere registration of an FIR under Sections 109 and 110 of CrPC can never justify the action of the Police in continuing to retain the name of the person in the history sheet. 32..................... 33.This Court wants to make it clear that in all future cases, where the retention of the name of a person in history sheet becomes a subject matter of challenge Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7804 of 2025before this Court, if this Court finds that the name of the person has been retained without any justification and is in contravention with PSO Nos.746 to 748 and the guidelines given by this Court, compensation will be granted to the victims and the same will be directed to be recovered from the monthly salary of the Inspector of Police in whose station the history sheet is being maintained........"2. Provisions contained in PSO 746 to 748 and the above orders of the Hon'ble High Court shall be followed scrupulously while maintaining the history sheets by the SHOs.3. All Sub-Divisional Officers shall periodically review all History sheet files and Rowdy sheet files maintained in the Police Station under their jurisdiction.4. IGPs in Zones, COPs in citites and the SPs in District shall sensitize all the Police personnel working under their jurisdiction in this regard and also review the cases periodically."5.In view of the above circular issued by the Director General of Police, Chennai, this Court is inclined to pass the following order:- Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7804 of 2025(i) The petitioner is directed to submit a fresh representation before the Deputy Superintendent of Police, Gudiyattam, Vellore District within a period of two weeks from the date of receipt of a copy of this Order. (ii) On receipt of such representation, the Deputy Superintendent of Police, Gudiyattam, Vellore District, is directed to consider the representation, in view of the direction issued by this Court and pass orders on merits within the period of twelve weeks from the date of the receipt of the representation. 6. In view of the above, this Writ Petition petition is disposed of. No costs.05.03.2025Index: Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking ordermnPage 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7804 of 2025To 1. The Superintendent of Police, Vellore District, District Police Office Building, Sathuvacheri, Vellore 632 009. (Behind Collector Office)2. The Inspector of Police, H4-K.V.Kuppam Police Station, Vellore District.3. The Public Prosecutor, High Court, Madras.Copy to The Deputy Superintendent of Police, Gudiyattam, Vellore District.Page 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.7804 of 2025 G.K.ILANTHIRAIYAN. J,mnW.P.No.7804 of 202505.03.2025Page 8 of 8