High Court · 2025

W.P.Crl.No.1447 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 27.11.2025CORAM:THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRAW.P.(Crl.)No.1447 of 2025and W.P.M.P.(Crl.)No.714 of 2025Daniel Tamizhselvan... PetitionerVs.1.The Commissioner of of Police,Office of the Commissioner of of Police,Tambaram, Elcot SEZ, Karappakam,Sholinganallur, Chennai, Tamil Nadu – 600 119.2.The Inspector of Police,T-10, Manimangalam Police Station,Mudichur Sriperumpathur Road,Manimangalam, Tamil Nadu – 603 301.3.The Deputy Commissioner of Police,Tambaram.(Suo motu impleaded by this Court on 27.11.2025)... RespondentsPRAYER: Writ Petition (Criminal) is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or direction in the nature of writ, to direct the second respondent to remove the name of the petitioner from the History Sheet maintained at second respondent Police station.1/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1447 of 2025For Petitioner:Mr.M.L.JosephFor Respondents:Mr.K.M.D.MuhilanAdditional Public ProsecutorO R D E RThis Writ Petition (Criminal) has been filed seeking a direction to the second respondent to remove the petitioner's name from the History Sheet maintained at the second respondent Police station.2. Learned counsel appearing for the petitioner submitted that the petitioner is running a business in the name and style of M/s.Victory Industrial Manpower Services and his relatives are involved in politics. Initially, during the year 2016, due to political rivalry, a false case was foisted against the relatives of the petitioner, in which the petitioner was also implicated. Thereafter, in order to harass the petitioner and restrict his movements, despite there being no further criminal activities on his part, a History Sheeted Rowdy Book was opened against him at the instance of the superior officers in the Police Department. He further submitted that the petitioner is being compelled to attend the police station under the pretext of enquiry in a routine manner. In this regard, the petitioner made several representations to the respondent seeking deletion of his name from the 2/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1447 of 2025History Sheet. However, since the said representations have not been considered till date, the present petition has been filed.3.Learned Additional Public Prosecutor 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 is being periodically extended as per the Police Standing Orders. He further submitted that the Deputy Commissioner of Police, Tambaram is the appropriate authority to deal with the request to remove the petitioner’s name from the History Sheet. However, he has not been impleaded as a respondent in this case.4.Having heard the learned counsel appearing on either side and upon perusal of the materials available on record, this Court is of the opinion that the Deputy Commissioner of Police, Tambaram, is a necessary party to this matter. Therefore, this Court suo motu impleads the Deputy Commissioner of Police, Tambaram, as the third respondent.5. 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 3/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1447 of 2025order, the Director General Of Police, Chennai issued a circular in Rc.No. 66569/Crime 3(2)/2019 dated 24.04.2019, the germane portion of 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 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 4/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1447 of 2025Police 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.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”.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 5/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1447 of 2025period 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.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, 6/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1447 of 2025taints 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 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.”7/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1447 of 20256.In view of the above circular passed by the Director General of Police, Chennai, this Court directs the petitioner to give a fresh representation to the newly impleaded third respondent. On receipt of the same, the third respondent, the Deputy Commissioner of Police, Tambaram, is directed to consider the petitioner's representation and pass orders on merits and in accordance with law, within a period of four weeks thereafter.7.Accordingly, this Writ Petition (Criminal) stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.27.11.2025hamNeutral Citation: Yes/No8/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1447 of 2025To 1.The Commissioner of of Police,Office of the Commissioner of of Police,Tambaram, Elcot SEZ, Karappakam,Sholinganallur, Chennai, Tamil Nadu – 600 119.2.The Inspector of Police,T-10, Manimangalam Police Station,Mudichur Sriperumpathur Road,Manimangalam, Tamil Nadu – 603 301.3.The Deputy Commissioner of Police,Tambaram.4.The Public Prosecutor, High Court of Madras.9/10 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1447 of 2025A.D.JAGADISH CHANDIRA , J. hamW.P.Crl.No.1447 of 2025and W.P.M.P.(Crl.)No.714 of 202527.11.202510/10