THE HON'BLE SRI JUSTICE CHEEKATI
MANAVENDRANATH ROY
WRIT PETITION No.14735 OF 2019
ORDER:
The Writ Petition for a mandamus is filed to declare the action of respondents 2 to 4 in opening and continuing rowdy sheet bearing No.599/2017 on the file of I Town police station, Bhimavaram, West Godavari District against the petitioner as illegal, arbitrary and unconstitutional and consequently sought a direction to respondents 3 and 4 to close the said rowdy sheet opened against the petitioner.
2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home appearing for respondents 1 to 4.
3. Earlier, a case in crime No.292 of 2016 of I Town police station, Bhimavaram was registered against the petitioner for the offence punishable under Section 302 I.P.C. After trial of the case, the petitioner was acquitted in the said case, as per the judgment dated 30.04.2019 in Sessions Case No.306 of 2018 on the file of the III Additional Sessions Judge, West Godavari at Bhimavaram. While the said criminal case under Section 302 I.P.C. was pending against the petitioner, police opened a rowdy sheet against him. However, even after the petitioner was acquitted in the said criminal case and even though there 2 are no other criminal cases pending against him, the said rowdy sheet is being continued against him. Therefore, aggrieved by the said action on the part of the respondent- police officials in continuing the rowdy sheet without closing the same even after acquittal of the petitioner in the said criminal case, the petitioner is before this Court by way of filing the present Writ Petition seeking the aforesaid relief.
4. Counter affidavit has been filed by respondent No.4 alleging that even though the petitioner was acquitted in the said criminal case, as his activities are prejudicial to the maintenance of public order and public peace and tranquillity and as nobody is coming forward to lodge report against the petitioner in view of threat from him, the rowdy sheet is being continued by invoking Andhra Pradesh Police Standing Order 602 (2).
5. The learned Assistant Government Pleader for Home reiterated the same submissions as stated in the counter affidavit stating that invoking the Andhra Pradesh Police Standing Order 602 (2), which envisages that even though the petitioner is not figured as accused in previous 5 years after the last case in which he was involved, when his activities are prejudicial to maintenance of the public order, the rowdy sheet can be continued against him. 3
6. In the instant case, except making bald assertion that activities of the petitioner are prejudicial to maintenance of public order and that the same are affecting public peace and tranquillity, no material to substantiate the said version is placed before this Court. Therefore, a bald assertion made to that effect without any material to substantiate the same, cannot be countenanced. So, there is absolutely no justification on the part of the respondent-police officials in continuing the rowdy sheet against the petitioner even after his acquittal in the criminal case that was registered against him.
7. Therefore, the Writ Petition is allowed, declaring the action of respondent-police officials in continuing rowdy sheet bearing No.599/2017 on the file of I Town police station, Bhimavaram, West Godavari District against the petitioner as illegal and unconstitutional. The respondent- police officials are directed to forthwith close the said rowdy sheet opened against the petitioner. No order as to costs in the Writ Petition.
Miscellaneous Applications, if any pending, also stand disposed of.
_________________________________________ CHEEKATI MANAVENDRANATH ROY, J.
08.02.2022 DRK 4 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.14735 OF 2019 08.02.2022 DRK