M. Pandi Durai @ Duraipandi v. Deputy Superintendent of Police, Thirupparankundram Sub-Division, Madurai District
2016-01-22
N.KIRUBAKARAN
body2016
DigiLaw.ai
ORDER : 1. The petitioner has challenged the order naming him as History Sheeter in the rowdy list mentioned by the police. 2. It is contended by the learned Counsel appearing for the petitioner that there is a dispute with regard to the non-service of the food materials to the then the Inspector of Police, by the petitioner who was running a small Mess in Thirunagar area. Therefore, cases have been filed against the petitioner by making him as a rowdy sheeter. 3. However, the learned Special Government Pleader submits that there are five cases pending against the petitioner and they are still pending. 4. A perusal of the records would reveal that all the cases filed against the petitioner are not heinous crimes. Moreover, the recommendation made by the Inspector of Police to the Deputy Superintendent of Police, dated 24.11.2012 reads as follows:- 5. From the above, it is made clear that the Officer is aggrieved against the petitioner as the petitioner has been filing cases after the cases. When the police got a statutory right to file the cases against the petitioner, the police cannot expect the petitioner to keep quiet and he has also got over the right to approach the Court and that cannot be a ground for making him as a rowdy sheeter. Therefore, the order passed by the first respondent is liable to be quashed. Accordingly, the order passed by the first respondent is quashed and the writ petition is allowed. No costs. Consequently, the connected Miscellaneous petitions are closed.