Andhra Pradesh High Court - Amravati
Nallagorla Gangadhara Rao ... vs The State Of Ap on 22 December, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION Nos.8311, 8433 and 8686 of 2021
COMMON ORDER:-
These three Writ Petitions are filed for a mandamus
declaring the action of respondents in not closing the rowdy sheets
that were opened against the petitioners even after the petitioners
were acquitted in the sole crime that was registered against them
as illegal, arbitrary and violative of Standing Order 742 of the A.P.
Police Standing Orders and consequently prayed to set aside the
said rowdy sheets which are opened against the petitioners and
being continued from time to time.
The facts germane to dispose of these Writ Petitions may be
stated as follows:
A case in Crime No.283 of 2019 was registered against the
petitioners under Section 307 r/w 34 IPC by Mangalagiri Town
police. The petitioners are A-1 to A-3 in the said crime. As crime
was registered against them for alleged commission of the offence
of attempting to murder punishable under Section 307 IPC, by
invoking Standing Order 601 of the A.P. Police Standing Orders,
which states that when a charge sheet is filed against any person
for commission of offence of murder or attempt to commit murder,
a rowdy sheet can be opened, three separate rowdy sheets were
opened against these petitioners on the ground that charge sheet
under Section 307 r/w 34 IPC was filed against the petitioners in
the above crime.
After trial of the case, the petitioners were acquitted in the
said crime. However, the said rowdy sheets are being continued
from time to time without closing the same even after the
petitioners were acquitted in the above crime. Therefore, the
present Writ Petitions have been filed seeking the aforesaid relief.
Counter affidavit has been filed on behalf of the respondents
stating that even though the petitioners were acquitted in the
above crime and even though they are not figured as accused in
previous five years after the last case in which they were involved
ended in acquittal that nothing precludes S.P/D.C.P/C.P to
continue the rowdy sheet if they are of the considered view that
activities of the petitioners are prejudicial to the maintenance of
public order or affecting peace and tranquility in the area or when
the victims are not coming forward to give complaint on them on
account of threat from them. Therefore, invoking Standing Order
602(2) of A.P. Police Standing Orders, it is pleaded that the
respondents are justified in continuing the said rowdy sheets as
the acts of the petitioners are prejudicial to the maintenance of
public order and as victims are not coming forward to give
complaint against them. Therefore, it is prayed to dismiss the Writ
Petitions.
Heard learned counsel for the petitioners and learned
Assistant Government Pleader for Home.
Admittedly, the rowdy sheets were opened against the
petitioners herein after they were involved in a crime punishable
under Section 307 r/w 34 IPC on the ground that they attempted
to commit murder of the victim in the said crime. The crime was
investigated and charge sheet was filed in the said case. The trial
took place and after full fledged trial, the petitioners herein, who
are A-1 to A-3 in the above crime, were acquitted of the said
offence. The judgment of the acquittal also became final. No other
crime is pending against the petitioners. However, without closing
the rowdy sheet after acquittal of the petitioners in the said case,
the respondents have been continuing the said rowdy sheets
against the petitioners from time to time on the sole ground that
their activities are prejudicial to the maintenance of public order
and that the victims are not coming forward to give complaint
against them. The said rowdy sheets are being continued by
invoking Standing Order 602(2) of the A.P. Police Standing Orders,
which says that when the activities of the rowdy sheeter are
prejudicial to the maintenance of public order and when the
victims are not coming forward to give complaint against them and
even though they are not figuring as accused in the previous five
years after the last case in which they are involved ended in
acquittal, that the same can be continued.
However, except making a bald assertion stating that the
activities of the petitioners are prejudicial to the public order and
that the victims are not coming forward to give any complaint
against them, no material worth the name to substantiate the said
version of the respondents is placed before the Court to justify
their action of continuing rowdy sheets on the aforesaid grounds.
There is absolutely no material on record to substantiate the plea
of the respondents that the petitioners are indulging in any such
activities which are prejudicial to the public order or which are
disturbing the public peace and tranquility or that the victims are
not coming forward to lodge any report against them. So, in the
absence of any such material, the action of the respondents in
continuing the rowdy sheet on mere bald assertion made to that
effect cannot be countenanced. In fact, when a similar plea was
taken by the police in Writ Petition No.24672 of 2020, this Court
has negatived the said contention and held that in the absence of
any material to substantiate the said allegations that the rowdy
sheet cannot be continued.
Therefore, for the aforesaid reasons and in view of the
aforesaid earlier order of this Court in Writ Petition No.24672 of
2020, this Writ Petition is allowed declaring that continuation of
the three rowdy sheets opened against the petitioners even after
their acquittal in the sole crime registered against them as illegal
and unconstitutional. Therefore, the respondents are directed to
forthwith close the rowdy sheets that are opened against the
petitioners.
Miscellaneous petitions, if any pending, in the Writ Petitions,
shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date: 22.12.2021
AKN
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION Nos.8311, 8433 and 8686 of 2021
Date: 22-12-2021
AKN
