High Court · 2025

W.P.No.10151 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.02.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.Nos.10151, 10157, 10159 & 10160 of 2024Nasirudeen... Petitioner in W.P No.10151 of 2024K.Ramanujam... Petitioner in W.P No.10157 of 2024M.K.Jabir... Petitioner in W.P No.10159 of 2024Harris @ Abdul Harris... Petitioner in W.P No.10160 of 2024Vs.1. The Superintendent of Police,The Nilgiris District,Udhagamandalam.2. The Deputy Superintendent of Police,The Nilgiris District,Udhagamandalam.3. The Inspector of Police,Devala Police Station,The Nilgiris. ... Respondents inall W.Ps.Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024Common Prayer: Writ petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to delete the petitioners' name in the History Sheet Nos.4, 1, 3 & 2 of 2024, respectively, maintained by the third respondent herein based on the petitioners' representation dated 18.03.2024 & 19.03.2024 respectively. In all W.PsFor Petitioner: Mr.A.JagadeeswariFor Respondents: Mr.K.M.D.Muhilan Government Advocate (Crl. Side)COMMON ORDERThe prayer sought for in the present writ petitions is to direct the respondents to delete the petitioners' name in the History sheet maintained in the third respondent police station. 2. The learned counsel appearing for the petitioners would submit that in the petitioners' village, there is a Thar hot mixing plant owned by one Rayin. Because of the said plant, health hazard has been created and several people are affected with lung diseases. Therefore, the petitioners have been continuously fighting against the said Thar unit. On the request made by the said Rayin, the third respondent had registered several false cases as against the petitioners and other persons for the Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024offences punishable under Sections 143, 341 & 188 of IPC. Thereafter, in order to wreck vengences, plenty of criminal cases have been foisted as against the petitioners. In continuation, in order to harass the petitioners and to restrict their movements, at the instigation of the superior officers in the Police Department, History Sheeted Rowdy Book was opened at the third respondent police station and the petitioners were compelled to attend the police station in the pretext of enquiry in a routine manner. In this regard, the petitioners had already made several representations to delete the History Sheet, but the respondents have not yet considered till date. Therefore, he sought for allowing all the writ petitions.3.The learned Government Advocate (Crl. Side) appearing for the respondents submitted that the petitioners are habitual offenders indulging in rowdy activities, extortion, katta panchayats, etc. Hence, History Sheeted Rowdy Book was opened at the third respondent police station as against the petitioners and it is being expanded regularly as per the Police Standing Order. Therefore, he prays to dismiss all the writ petitions. 4.Heard the learned counsel appearing on either side and perused the materials placed before this Court. Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 20245.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 circular 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 Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024retained 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 the 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 Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024cases, where the retention of the name of a person in history sheet becomes a subject matter of challenge before 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."6.In view of the above circular issued by the Director General of Police, Chennai, this Court is inclined to pass the following orders :- (i) The petitioners are directed to submit a fresh representation Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024before the respondents within a period of two weeks from the date of receipt of a copy of this Order. (ii) On receipt of such representations, the second respondent is directed to consider the representations, 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. 7.With the above directions, all the writ petitions stand disposed of. There shall be no order as to costs.28.02.2025Index : Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderrtsPage 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024 G.K.ILANTHIRAIYAN. J,rtsTo1. The Superintendent of Police,The Nilgiris District,Udhagamandalam.2. The Deputy Superintendent of Police,The Nilgiris District,Udhagamandalam.3. The Inspector of Police,Devala Police Station,The Nilgiris. 4. The Public Prosecutor,Madras High Court,Chennai. W.P.Nos.10151, 10157, 10159 & 10160 of 202428.02.2025Page 8 of 8

W.P.No.10151 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 28.02.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANW.P.Nos.10151, 10157, 10159 & 10160 of 2024Nasirudeen... Petitioner in W.P No.10151 of 2024K.Ramanujam... Petitioner in W.P No.10157 of 2024M.K.Jabir... Petitioner in W.P No.10159 of 2024Harris @ Abdul Harris... Petitioner in W.P No.10160 of 2024Vs.1. The Superintendent of Police,The Nilgiris District,Udhagamandalam.2. The Deputy Superintendent of Police,The Nilgiris District,Udhagamandalam.3. The Inspector of Police,Devala Police Station,The Nilgiris. ... Respondents inall W.Ps.Page 1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024Common Prayer: Writ petitions filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to delete the petitioners' name in the History Sheet Nos.4, 1, 3 & 2 of 2024, respectively, maintained by the third respondent herein based on the petitioners' representation dated 18.03.2024 & 19.03.2024 respectively. In all W.PsFor Petitioner: Mr.A.JagadeeswariFor Respondents: Mr.K.M.D.Muhilan Government Advocate (Crl. Side)COMMON ORDERThe prayer sought for in the present writ petitions is to direct the respondents to delete the petitioners' name in the History sheet maintained in the third respondent police station. 2. The learned counsel appearing for the petitioners would submit that in the petitioners' village, there is a Thar hot mixing plant owned by one Rayin. Because of the said plant, health hazard has been created and several people are affected with lung diseases. Therefore, the petitioners have been continuously fighting against the said Thar unit. On the request made by the said Rayin, the third respondent had registered several false cases as against the petitioners and other persons for the Page 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024offences punishable under Sections 143, 341 & 188 of IPC. Thereafter, in order to wreck vengences, plenty of criminal cases have been foisted as against the petitioners. In continuation, in order to harass the petitioners and to restrict their movements, at the instigation of the superior officers in the Police Department, History Sheeted Rowdy Book was opened at the third respondent police station and the petitioners were compelled to attend the police station in the pretext of enquiry in a routine manner. In this regard, the petitioners had already made several representations to delete the History Sheet, but the respondents have not yet considered till date. Therefore, he sought for allowing all the writ petitions.3.The learned Government Advocate (Crl. Side) appearing for the respondents submitted that the petitioners are habitual offenders indulging in rowdy activities, extortion, katta panchayats, etc. Hence, History Sheeted Rowdy Book was opened at the third respondent police station as against the petitioners and it is being expanded regularly as per the Police Standing Order. Therefore, he prays to dismiss all the writ petitions. 4.Heard the learned counsel appearing on either side and perused the materials placed before this Court. Page 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 20245.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 circular 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 Page 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024retained 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 the 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 Page 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024cases, where the retention of the name of a person in history sheet becomes a subject matter of challenge before 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."6.In view of the above circular issued by the Director General of Police, Chennai, this Court is inclined to pass the following orders :- (i) The petitioners are directed to submit a fresh representation Page 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024before the respondents within a period of two weeks from the date of receipt of a copy of this Order. (ii) On receipt of such representations, the second respondent is directed to consider the representations, 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. 7.With the above directions, all the writ petitions stand disposed of. There shall be no order as to costs.28.02.2025Index : Yes/NoNeutral citation: Yes/NoSpeaking/non-speaking orderrtsPage 7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.10151 of 2024 G.K.ILANTHIRAIYAN. J,rtsTo1. The Superintendent of Police,The Nilgiris District,Udhagamandalam.2. The Deputy Superintendent of Police,The Nilgiris District,Udhagamandalam.3. The Inspector of Police,Devala Police Station,The Nilgiris. 4. The Public Prosecutor,Madras High Court,Chennai. W.P.Nos.10151, 10157, 10159 & 10160 of 202428.02.2025Page 8 of 8