M. Shakthie Vijay v. The Superintendent of Police

ORDER This writ petition has been filed challenging the letter of the 2nd respondent dated nil, thereby rejected the request made by the petitioner seeking removal of his name from history sheet in HS.No.355 of 2006 based on the Rule 748 of Tamilnadu Police Standing Order Rules, 2010.

¶2The learned counsel for the petitioner would submit that the petitioner's request was rejected by the second respondent. As per the Police Standing Orders, the request made by the petitioner has to be considered by an authority not less than the rank of Deputy Superintendent of Police / Assistant Commissioner of Police. Therefore, the second respondent has no jurisdiction to pass such order by rejecting the request made by the petitioner seeking removal of his name from the history sheet.

¶3On perusal of the counter filed by the second respondent and also on the submissions of the learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondents, it is revealed that on perusal of the case diary of the petitioner, the Deputy Superintendent of Police, Mayiladuthurai had granted permission for opening history sheet against the petitioner in HS.No.355 of 2006 dated 25.02.2006 and the history sheet is maintained by the second respondent and his activities are closely watched. That apart, the petitioner so far has involved in the following cases: S. No. Police Station, Cr.No.U/s., Stage of the case Mayiladuthurai PS., Cr.No.1692/2020, U/s.143, 341 IPC Referred Mayiladuthurai PS., Cr.No.1686/2020, U/s.143, 341 IPC Referred

¶3Mayiladuthurai PS., Cr.No.1567/2020, U/s.143, 341 IPC Referred

¶4Mayiladuthurai PS Cr.No.572/2020, U/s.143, 188, 269, 341 IPC Disposed Mayiladuthurai PS., Cr.No.63/2020, U/s.224, 294 (b), 386, 506 (ii) IPC Pending Trial Mayiladuthurai PS., Cr.No.536/2019, U/s.143, 283, 341 IPC Not taken on file Mayiladuthurai PS., Cr.No.420/2018, U/s.143, 341 IPC Referred Mayiladuthurai PS., Cr.No.270/2018, U/s.143, 341 IPC Referred Mayiladuthurai PS., Cr.No.245/2018, U/s.143, 341 IPC Disposed Mayiladuthurai PS., Cr.No.219/2018, U/s.143, 341 IPC Referred Mayiladuthurai PS., Cr.No.184/2018, U/s.143, 341 IPC Referred Mayiladuthurai PS., Cr.No.67/2018, U/s.143, 341 IPC Referred Mayiladuthurai PS., Cr.No.65/2018, U/s.143, 341 IPC Referred Mayiladuthurai PS Cr.No.469/2017, U/s.110(e), 110 (f) CrPC Disposed Mayiladuthurai Cr.No.367/2017, PS., U/s.25

(1B) (a) Arms Act, 147, 148, 294 (b), 307 IPC Disposed Mayiladuthurai PS Cr.No.315/2017, 144, 188, 341 IPC Referred Mayiladuthurai PS Cr.No.854/2016, U/s.110(e), 110(f) Cr.PC Referred Mayiladuthurai PS Cr.No.237/2016, U/s.110(e),110 (f) Cr.PC Referred Mayiladuthurai PS Cr.No.173/2016, U/s.294(b), 506(2) IPC Acquittal Mayiladuthurai PS, Cr.No.751/2015, U/s.294

(b), 324, 448, 506(1) IPC, 3(1) PPD Act Acquittal Mayiladuthurai PS., Cr.No.105/2015 U/s.109 CrPC, 294 (b), 323, 386, 452, 506(ii) IPC, 3(1) PPD Act Acquittal Mayiladuthurai PS.,Cr.No.606/2013, U/s.302 IPC Acquittal Mayiladuthurai Cr.No.200/2013, U/s.109 Crpc Referred Mayiladuthurai PS., Cr.No.1183/2012, U/s.110(e), 110 (f) CRPC Referred Mayiladuthurai PS., Cr.No.400/2012, U/s.25(1B) (b) Arms Act Disposed Mayiladuthurai PS., Cr.No.1481/2010, U/s.110(a) CRPC Referred Mayiladuthurai PS Cr.No.418/2010, U/s.294

(b), 506(ii) IPC Referred Mayiladuthurai PS., Cr.No.272/2010, U/s.110(e), 110(f) CrPC Referred Perambur PS., Cr.No.193/2017, U/s.294 (b), 386, 506(1) IPC Disposed

¶4Therefore, the second respondent rejected the request of the petitioner. However, as per the Standing Orders, the Assistant Commissioner of Police / Deputy Superintendent of Police is the authority to open a history sheet against a habitual rowdy and as such, the second respondent has no power to consider the request made by the petitioner seeking removal of his name from the history sheet.

¶5In view of the above discussion, the impugned letter is set aside and the matter is remanded back to the Deputy Superintendent of Police, Mayiladuthurai for reconsidering the request of the petitioner seeking removal of his name from history sheet and passing orders within a period of eight weeks from the date of receipt of this order.

¶6With the above direction, this writ petition is disposed of. There shall be no order as to costs.

15.06.2026 Index : Yes/No

: Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J. lok To

1.THE SUPERINTENDENT OF POLICE, T.B.ROAD, KATTHARA STREET, CAUVERY NAGAR, MAYILADUTHURAI-609 001

2.The Deputy Superintendent of Police, Mayiladuthurai

3.THE INSPECTOR OF POLICE, MAYILADUTHURAI TOWN POLICE STATION, GANDHI NAGAR, KORANAD, MAYILADUTHURAI-609 001

4.The Public Prosecutor, High Court of Madras WP

.No.

14226

of 202

15.06.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 15.06.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.No.14226 of 2025 M.Shakthie Vijay ... Petitioner Vs. 1.THE SUPERINTENDENT OF POLICE, T.B.ROAD, KATTHARA STREET, CAUVERY NAGAR, MAYILADUTHURAI-609 001 2.THE INSPECTOR OF POLICE, MAYILADUTHURAI TOWN POLICE STATION, GANDHI NAGAR, KORANAD, MAYILADUTHURAI-609 001 ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India praying to issue a WRIT OF Certiorarified MANDAMUS to call for the records pertaining to the rejection letter of the 2nd respondent dated nil and quash the same as illegal, arbitrary and direct the first respondent/the Superintendent of Police, Mayiladuthurai to remove the petitioner's name from History Sheet in H.S.No.355 of 2006 based on Rule 748 of Tamilnadu Police Standing Order Rules, 2010. For Petitioner : Mr.Vasantha Yugesh.S For Respondents : Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side)