High Court · 2025

W.P.No.14719 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :14.02.2025CORAMTHE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANW.P.No.14719 of 2023& W.M.P.Nos.14230 & 14234 of 2023Mr.S.Vijayakumar, (aged 33 years)S/o.Mr. Selvaraj, No.31, Anna Nagar (Near Blue Star Company),Thirupapuliyur, Cuddalore-2. ... Petitioner /versus/1. The Superintendent of Police,Cuddalore District, Cuddedore. 2. The Deputy Superintendent of Police,Cuddalore District, Cuddalore. 3.The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore. ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorari, calling for the records of the 2nd in connection with his order dated 06.01.2023 in his proceedings No.03/SD6B/CUD/2023 and quash the same.1/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023For Petitioner : Mr.N.SenthilFor Respondents: Mr.R.Vinothraja, Govt. Advocate (Crl.Side)O R D E RThe writ petition is filed to issue Writ of Certiorari, to call for the records of the 2nd in connection with his order dated 06.01.2023 in his proceedings No.03/SD6B/CUD/2023 and quash the same.2. The writ petition has been filed challenging the order rejecting the petitioner's request to close watch over the history sheeter as against the petitioner.3. The learned counsel appearing for the petitioner would submit that the petitioner is working as an acting driver and the second respondent had registered a false case as against the petitioner for the offences punishable under Sections 147, 148, 294(b), 323, 324 & 307 of I.P.C; Section 302, 324 r/w Section 34 I.P.C; Section 7(1)(a) CLA Act; Section 294 (b), 323, 506(ii) of I.P.C; Section 392 of I.P.C. Thereafter, in order to wreck vengeances, plenty of criminal cases have been foisted as against the petitioner. In continuation, in 2/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023order to harass the petitioner and to restrict his movements, at the instigation of the superior officers in the Police Department, History Sheeted Rowdy Book was opened at the second respondent police station and the petitioner was compelled to attend the police station in the pretext of enquiry in a routine manner. In this regard, the petitioner had already made several representations to delete the History Sheet, but the respondents have not yet considered till date. Therefore, he sought for allowing the writ petition.4. 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 expanded regularly as per the Police Standing Order. Therefore, he prays to dismiss the writ petition. 5. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6. 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 3/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023W.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 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 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 4/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023concerned 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 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........"5/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 20232. 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."7.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 petitioner is directed to submit a fresh representation before the respondents within a period of two weeks from the date of receipt of a copy of this Order. (ii) On receipt of such representation, the 2nd respondent/The Deputy Superintendent of Police, Cuddalore District, Cuddalore 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. 6/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 20238. With the above directions, the writ petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.14.02.2025Index : Yes/No.Neutral Citation: Yes/No.bsmTo,1. The Superintendent of Police,Cuddalore District, Cuddedore. 2. The Deputy Superintendent of Police,Cuddalore District, Cuddalore. 3.The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore.4. The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023G.K.ILANTHIRAIYAN,J.bsmW.P.No.14719 of 202314.02.20258/8

W.P.No.14719 of 2023IN THE HIGH COURT OF JUDICATURE AT MADRASDATED :14.02.2025CORAMTHE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYANW.P.No.14719 of 2023& W.M.P.Nos.14230 & 14234 of 2023Mr.S.Vijayakumar, (aged 33 years)S/o.Mr. Selvaraj, No.31, Anna Nagar (Near Blue Star Company),Thirupapuliyur, Cuddalore-2. ... Petitioner /versus/1. The Superintendent of Police,Cuddalore District, Cuddedore. 2. The Deputy Superintendent of Police,Cuddalore District, Cuddalore. 3.The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore. ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorari, calling for the records of the 2nd in connection with his order dated 06.01.2023 in his proceedings No.03/SD6B/CUD/2023 and quash the same.1/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023For Petitioner : Mr.N.SenthilFor Respondents: Mr.R.Vinothraja, Govt. Advocate (Crl.Side)O R D E RThe writ petition is filed to issue Writ of Certiorari, to call for the records of the 2nd in connection with his order dated 06.01.2023 in his proceedings No.03/SD6B/CUD/2023 and quash the same.2. The writ petition has been filed challenging the order rejecting the petitioner's request to close watch over the history sheeter as against the petitioner.3. The learned counsel appearing for the petitioner would submit that the petitioner is working as an acting driver and the second respondent had registered a false case as against the petitioner for the offences punishable under Sections 147, 148, 294(b), 323, 324 & 307 of I.P.C; Section 302, 324 r/w Section 34 I.P.C; Section 7(1)(a) CLA Act; Section 294 (b), 323, 506(ii) of I.P.C; Section 392 of I.P.C. Thereafter, in order to wreck vengeances, plenty of criminal cases have been foisted as against the petitioner. In continuation, in 2/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023order to harass the petitioner and to restrict his movements, at the instigation of the superior officers in the Police Department, History Sheeted Rowdy Book was opened at the second respondent police station and the petitioner was compelled to attend the police station in the pretext of enquiry in a routine manner. In this regard, the petitioner had already made several representations to delete the History Sheet, but the respondents have not yet considered till date. Therefore, he sought for allowing the writ petition.4. 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 expanded regularly as per the Police Standing Order. Therefore, he prays to dismiss the writ petition. 5. Heard the learned counsel appearing on either side and perused the materials placed before this Court. 6. 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 3/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023W.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 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 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 4/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023concerned 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 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........"5/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 20232. 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."7.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 petitioner is directed to submit a fresh representation before the respondents within a period of two weeks from the date of receipt of a copy of this Order. (ii) On receipt of such representation, the 2nd respondent/The Deputy Superintendent of Police, Cuddalore District, Cuddalore 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. 6/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 20238. With the above directions, the writ petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed. There shall be no order as to costs.14.02.2025Index : Yes/No.Neutral Citation: Yes/No.bsmTo,1. The Superintendent of Police,Cuddalore District, Cuddedore. 2. The Deputy Superintendent of Police,Cuddalore District, Cuddalore. 3.The Inspector of Police, Thiruppapuliyur Police Station, Cuddalore.4. The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis W.P.No.14719 of 2023G.K.ILANTHIRAIYAN,J.bsmW.P.No.14719 of 202314.02.20258/8