High Court · 2025

W.P.Crl.No.1209 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 29.10.2025CORAM:THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRAW.P.Crl.No.1209 of 2025P.Praveen ...PetitionerVs.1.The Superintendent of Police,O/o. Superintendent of Police,Thiruvarur District.2.The Deputy Superintendent of Police,O/o. Deputy Superintendent of Police,Thiruvarur Sub- Division, Thiruvarur District.3.The Inspector of Police,Vadapathimangalam Police Station,Thiruvarur District....RespondentsWrit Petition (Criminal) filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to remove petitioner's name in the History Sheet H.S.No.27 of 2022 maintaining by the 3rd respondent pursuant to petitioner representation dated 17.09.2025.1/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1209 of 2025For Petitioner: Mr.P.MuthamizhselvakumarFor Respondents: Mr.K.M.D.Muhilan, Addl. Public Prosecutor ORDERThis Writ Petition (Criminal) has been filed seeking a direction to the respondents to consider the petitioner's representation dated 17.09.2025 and to consequently remove the petitioner's name from the History Sheet in H.S.No.27 of 2022.2. Mr.K.M.D.Muhilan, learned Additional Public Prosecutor takes notice on behalf of the respondents. In view of the consent expressed by the learned counsel on either side, this writ petition is taken up for final disposal at the admission stage itself.3. Learned counsel for the petitioner would submit that the petitioner is doing cultivation work and is having good reputation among public. While so, the petitioner was falsely implicated in a case registered in Crime No.472 of 2020 on the file of the 3rd respondent for the offences under Sections 147, 294(b) and 302 of IPC. After trial, the petitioner was acquitted in the said 2/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1209 of 2025case and except the said case, no other case was registered against the petitioner. However, the 3rd respondent, in order to harass the petitioner and restrict his movements, open a History Sheeted Rowdy Book against him in H.S.No.27 of 2022, that too, without following the rules and principles for maintaining a history sheet. Further, the petitioner is also being compelled to appear before the respondent police under the pretext of enquiry in a routine manner. Aggrieved by the same, the petitioner made a representation dated 17.09.2025 before the respondents seeking to remove his name from the History Sheet. However, till date, no order has been passed on the said representation. Hence, this writ petition.4. Learned Government Advocate (Criminal Side) appearing for the respondents submitted that the petitioner is a habitual offender indulging in rowdy activities, extortion, etc. Therefore, a History Sheeted Rowdy Book was opened against him and the same is being periodically extended as per the Police Standing Orders. However, he fairly submitted that, appropriate orders will be passed on the petitioner's representation within the time stipulated by this Court.3/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1209 of 20255. Heard the learned counsel on either side 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, wherein a detailed order was passed in W.P.(MD) No.19651 of 2017 on 26.09.2018. Based on the 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 :-7.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 4/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1209 of 2025Inspector 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 Station 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.5/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1209 of 2025e. 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”.f. 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.747.6/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1209 of 2025h. 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.i. 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 7/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1209 of 2025reasonable 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 history 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. 8/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1209 of 20257. In view of the above circular passed by the Director General of Police, Chennai, this Court directs the 2nd respondent to consider the petitioner's representation dated 17.09.2025 and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.8. With the aforesaid directions, this Writ Petition (Criminal) stands disposed of. No costs. 29.10.2025sktIndex: Yes/NoSpeaking order : Yes/NoNCC: Yes/NoTo:1.The Superintendent of Police,O/o. Superintendent of Police,Thiruvarur District.2.The Deputy Superintendent of Police,O/o. Deputy Superintendent of Police,Thiruvarur Sub- Division, Thiruvarur District.A.D.JAGADISH CHANDIRA, J.9/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1209 of 2025skt3.The Inspector of Police,Vadapathimangalam Police Station,Thiruvarur District.W.P.Crl.No.1209 of 202529.10.202510/10