Durairaj .P v. The Commissioner of Police,

O R D E R This writ petition has been filed challenging the order passed by the first respondent dated 01.04.2025, in Na.Ka.No.J-2/312/35240/ 2024, thereby rejected the request made by the petitioner to remove his name from the History Sheet.

2.The petitioner is involved in Crime No.40 of 2024 for the offence punishable under Sections 147, 148 and 302 of theIndian Penal Code and Sections 3 and 5 of the Explosive Substances Act and Section 4 of the Prevention of Damage to Public Property Act. Subsequently, the said case was altered to offences under Section 147, 148 and 302 of Indial Penal Code read with Sections 3 and 5 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act. After completion of investigation, final report was filed and the same is pending for committal in PRC No.47 of 2024 on the file of the learned Judicial Magistrate – II, Chengalpattu. In the meanwhile, the petitioner's name is now included in the History Sheet maintained by the third respondent in History Sheet No.03/2024.

3.For the past two years, the case is pending even for committal because of the non appearance of the other accused. Insofar as the petitioner is concerned, he is involved in only one case and there is no other bad antecedents.

4.Further, on perusal of Police Standing Orders 746, 747 and 748, the guidelines issued in Police Standing Orders 746 to 748 are to be scrupulously followed while including the accused name in the History Sheet. The History Sheet can be opened by the concerned police under two circumstances. As per Police Standing Order 746, though History Sheet can be opened against the person who is a resident [permanently or temporarily] within the station limit, who are known or believed to be addicted to the commission of crime, whether convicted or not. Further, accused against whom the History Sheet can be opened are the persons who are convicted for various offences as contemplated under Police Standing Order 747.

5.Insofar as the petitioner is concerned, the petitioner is neither a convict nor a habitual offender or suspect or district criminal or known depredator, warranting the opening or continuation of the History Sheet or Rowdy Sheet against the petitioner under Police Standing Orders 746, 747 and 749.

6.On a perusal of the counter affidavit filed by the third respondent and also on the submissions made by the learned Counsel for Government of Tamil Nadu (Criminal Side) reveal that History Sheet has been opened against the petitioner and maintained on the file of the third respondent since there is every chance of retaliation by his adversaries who were badly affected due to the gruesome murder, in which the petitioner is an accused.

7.When the petitioner is facing only one case, opening of History Sheet against the petitioner cannot be sustained and is liable to be set aside.

8.Accordingly, the order passed by the first respondent dated

01.04.2025, in Na.Ka.No.J-2/312/35240/2024 is set aside. At the same time, the second respondent is directed to remove the petitioner's name from the History Sheet maintained by the third respondent in History Sheet No.03/2024 forthwith.

9.The writ petition is allowed.

20.07.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 The Commissioner of Police, Office of Commissionerate, Tambaram City. 2 The Assistant Commissioner of Police, Guduvancherry, Tambaram City. 3 The Inspector of Police, T-7 Otteri Police Station, Tambaram. 4 The Public Prosecutor, Madras High Court, Chennai – 600 104. G.K.ILANTHIRAIYAN,J. pri

20.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 20.07.2026 CORAM THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Durairaj P ... Petitioner Vs. 1 The Commissioner of Police, Office of Commissionerate, Tambaram City. 2 The Assistant Commissioner of Police, Guduvancherry, Tambaram City. 3 The Inspector of Police, T-7 Otteri Police Station, Tambaram. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for records pertaining to the impugned order passed by the first respondent / Commissioner of Police, Tambaram City, dated 01.04.2025, in Na.Ka.No.J-2/312/ 35240/2024, and consequently to direct the first respondent to remove the name of the petitioner from the history sheet maintained by the third respondent in History Sheet No.03/2024 on the file of T7 Otteri Police Station, Tambaram City. For Petitioner : Mr.P.Ramachandran For Respondents : Mr.R.Ganesh Kumar for R1 to R3 Counsel for Government of Tamil Nadu (Criminal Side) High Court of Madras