High Court · 2025

WP Crl. No. 857 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 17-09-2025CORAMTHE HONOURABLE MR JUSTICE N. SATHISH KUMARWP Crl. No. 857 of 2025 E.K.VinodS/o.Iyappan, No.28, Vinayagar Kovil Street, Aminthakarai, Chennai - 600 021.Appellant(s)VsState rep. by,1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.2.The Deputy Commissioner of Police,Anna Nagar District, Anna Nagar, Chennai.3.The Assistant Commissioner of Police,Anna Nagar Range, Anna Nagar, Chennai.4.The Inspector of Police,K-3, Aminjikarai Police Station, Chennai.Respondent(s)1/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 2025PRAYERThis writ petition has been filed under Article 226 of the Constitution of India to issue a writ of Mandamus by considering the representation dated 18.05.2025 to 2nd respondent directing the 1st respondent to remove/delete the petitioner's name from the History Sheet No.5/K-3 P.S/2016 on the file of the 4th respondent within a stipulated time.For Appellant(s):Mr. M.Soundar Vijay ArulramFor Respondents: Mr. R.Vinothraja, Govt. Advocate (crl. Side)ORDERThis Writ Petition has been filed to direct the 2nd respondent to remove the name of the petitioner from the History Sheet on the file of the 2nd respondent. 2. The learned counsel appearing for the petitioner would submit that in the year 2009, n FIR in Crime No.204 of 2009 has been registered for the offences against the petitioner/A6 and others under Sections 365,342, 506(ii), 376 r/w.34 and 385 of IPC and the petitioner was acquitted by the Trial Court by 2/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 2025judgment dated 19.01.2015. Further, in the year 2015, the 3rd respondent registered a case under Section 75 of City Police Act, which was subsequently closed on payment of fine. However, based on the said case registered u/s.75 of the City Police Act, a separate rowdy list was opened including the name of the petitioner. 3. It is further contended that though this Court, by order dated 21.11.2022 in Crl.O.P.No.28165 of 2022, directed the third respondent to consider the representation of the petitioner, no action has been taken so far. Now, all of a sudden, the 4th respondent has registered a false case in Crime No.399 of 2025 against the petitioner for the offences under Sections 296(b), 119(2), 309(4), 311, 79, 351(3) of BNS and Section 4 of TN Prohibition of Harassment of Women Act 2002. In this regard, the petitioner had made a representation dated 18.05.2025 to the 2nd respondent seeking deletion of his name from the History Sheet, but the same has not been considered till date. Hence, the present petition has been filed.3/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 20254.The learned Additional Public Prosecutor appearing for the respondents submitted that the petitioner is an habitual offender indulging in rowdy activities, extortion, etc. Hence, a History Sheeted Rowdy Book was opened at the fourth respondent police station against the petitioner and is being extended regularly as per the Police Standing Order. Hence, he prays for dismissal of the petition. 5. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record.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 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. 66569/Crime 3(2)/2019 dated 24.04.2019, which reads as follows :-4/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 20257.From the above judgments the following principles emerge insofar as history sheeters are concerned:a. In order to facilitate the study of crime and criminals, the Police Standing Orders provides a mechanism, whereby every Police Station shall maintain a crime history, which shall be a confidential record. In this record all cases of crime that are mentioned in PSO No.742, which provides various classes of crime, shall be entered and even an attempt to commit those offences, are entered in the records maintained in the Police Station.b. These crime records maintained by the Various Police Stations shall be reviewed every year by the Inspector of Police of the concerned Police Station. On such review, the Inspector of Police has to furnish a concise appreciation of the year's crime for the benefit of the Superior Officers and also to make suggestions in order to improve the quality of crime control. The review undertaken by the Inspector of Police is not merely a catalogue of the crime in the year. It should reflect the valuable suggestions in order to prevent such crimes in future and to provide ways and means of handling serious offences in an effective manner.c. History Sheet can be opened by the concerned Police 5/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 2025Station under two circumstances. The first circumstance is provided under PSO No.746, which states that the history sheet can be opened against a person who is a resident (permanently or temporarily) within the station limit, who is known or believed to be addicted to commission of crime, whether convicted or not. Here the thrust is on the habituality or the propensity to commit a crime by a person, which is sought to be monitored by opening a history sheet. d. The second category of persons against whom history sheet can be opened are the persons, who are convicted for various offences that has been listed in PSO No.747, wherein opening of the history sheet is automatic.e. In the first category of opening history sheet, month wise scrutiny or a close watch on the person concerned is contemplated. Here also there is sub-catogrization as, close watch bad characters and non-close watch bad characters. In the former, the entry shall be made month wise and in the later, the entry shall be made once in a quarter. What is entered is normally anything of interest in respect of the bad character, which goes to the notice of the Police. These records must be checked and brought upto date once in a year. Here the main thrust is on “Current Doings”.6/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 2025f. In the second category of opening history sheet, a mere act of conviction under the offences listed in PSO No.747 is enough. The name of the persons, who have been convicted for those offences can be retained for a period of two years after their release from jail.g. PSO No.748, is the most important provision, which deals with discontinuance of history sheet. This provision is common to both the categories falling under PSO Nos.746 and 747. As per PSO No.748, the Superintendent of Police may order a closure of a history sheet at any time. But, the Divisional Officer can order closure of history sheet only after the expiry of the period stipulated in PSO No.747.h. As per PSO 748, where retention of the history sheet is considered to be necessary, even after two years of registration, orders of an Officer of and above the rank of Assistant Superintendent of Police/ Deputy Superintendent of Police must be taken for extension for the first instance upto the end of next December. For further annual extension from January to December, separate orders must be passed every time by an Officer of and above the rank of Assistant Superintendent of Police / Deputy Superintendent of Police. This provision is made applicable even for rowdy sheeters.7/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 2025i. For the purpose of passing such orders, there must be valid materials available on record and it cannot be passed on the whims and fancies of the Police Officers. Therefore, the authority empowered to extend the period of retention of the names of the persons in the history sheet, should record his reasons based on both objective and subjective instructions.j. Branding a person as a history sheeted rowdy, taints the name and image of the person. It is true that the entire purpose of maintaining a history sheet is to ensure public peace. However, it should be balanced with the fundamental right guaranteed to every citizen under Article 21 of the Constitution of India. Therefore, a fair and reasonable decision, based on the materials, with sufficient reasons, becomes sine qua non to retain the name of a person as a history sheeter beyond the period stipulated in the Police Standing Orders.k. This Court has time and again brought the above principle to the notice of the Higher Police Officials and in one of the judgments in Manivanan Vs. State represented by The District Collector, Coimbatore District and Others, reported in (2013) 7 MLJ 501, this Court felt that there is lack of understanding on the part of the Police in maintaining 8/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 2025history sheet and therefore, directed the Director General of Police to issue necessary instructions / guidelines / circulars with regard to the manner in which it has to be maintained and the manner in which the orders will have to be passed for extension of the period to continue a person as a history sheeter. 8.The above principles that has been culled out of various decisions of this Court will now be applied to each case in order to see if the Police officials have scrupulously followed all the Police Standing Orders and the judgments of this Court, while retaining the name of a person as a history sheeter, beyond the stipulated period.”7. In view of the above, the second respondent is directed to consider the petitioner's representation, dated 18.05.2025 and pass an Order on the basis of the circular issued by the Director General of Police in Rc.No.66569/Crime 3(2)/2019 dated 24.04.2019 within a period of two weeks from the date of receipt of a copy of this order.9/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 20258. Accordingly, this Writ Petition(Criminal) stands disposed of with the aforesaid direction. No costs. 17-09-2025Neutral Citation:Yes/NomrpTo1. The Commissioner of Police, Greater Chennai, Vepery, Chennai.2.The Deputy Commissioner of Police,Anna Nagar District, Anna Nagar, Chennai.3.The Assistant Commissioner of Police,Anna Nagar Range, Anna Nagar, Chennai.4.The Inspector of Police,K-3, Aminjikarai Police Station, Chennai.10/11 https://www.mhc.tn.gov.in/judis WP Crl. No. 857 of 2025N.SATHISH KUMAR J.mrpWP Crl. No. 857 of 2025 17-09-202511/11