D. Mallikarjuna Rao, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 1924 AP

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       HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
               WRIT PETITION No.4953 of 2022
ORDER:

Heard the learned counsel for the petitioner and the

learned Government Pleader for Home, appearing for the

respondents.

The Grievance of the petitioner is that the History Sheet

No.550C registered in the year 2014 is still being continued

without following the stipulated procedure and rules and

without any material on record. Learned counsel points out

that the only Crime registered in FIR No. 36 of 2014 the

petitioner was accused, was ended in acquittal on

09.06.2014. He points out that the same is agreed by the

respondents in their counter also. Thereafter without any

valid reasons and contrary to law the rowdy sheet is being

extended. Learned counsel for the petitioner submits that the

petitioner's Fundamental Rights are being infringed and he is

being harassed by being called to the Police Station. Learned

counsel also submits that the petitioner also submitted his

representation requesting the police to close the History Sheet

also. The same has not elicited any response and therefore

the present writ petition is filed. He also questions the

manner in which the respondents have continued the history

sheet contrary to the Police Standing Orders. A reference is

made to the various orders passed by the coordinate Benches

of this Court in quashing the history / rowdy sheet.

In reply to this, learned Government Pleader for Home

submits that it is a fact that the sole case against the

petitioner ended in acquittal. However, it is submitted that as

the case registered against the petitioner is under POCSO Act,

history sheet to be continued. It is also submitted that the

same is being done in the public interest. Lastly, it is stated

that the petitioner is actively involved in illegal activities and

because of fear nobody is coming forward to give a complaint

to the police.

This Court after considering the submission notices that

there is sufficient strength in what is stated by the learned

counsel for the petitioner. The only case, in which the

petitioner involved, is ended in acquittal. The counter does

not show that the petitioner is involved in any other criminal

activity from the date of his acquittal. The said order has also

become final. No material available to show that the

petitioner is involved in any illegal activities. The Police

Standing Orders also mandate that in every December, the

sheet should be reviewed based on cogent material. Counter

affidavit does not show that there is any such material.

Therefore, this Court is also of the opinion that the judgments

filed by the learned counsel for the petitioner are applicable to

the facts and circumstances of the case. Hence, the Writ

Petition is liable to be allowed.

Accordingly, the Writ Petition is allowed. The History

Sheet No.550C pending against the petitioner is directed to

closed with immediate effect. No order as to costs.

Consequently, the Miscellaneous Applications pending,

if any, shall stand closed.

__________________________ D.V.S.S.SOMAYAJULU, J Date:21.04.2022

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