Andhra Pradesh High Court - Amravati
N. Rama Rosaiah vs The State Of Andhra Pradesh on 8 February, 2022
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
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.
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
THE HON'BLE SRI JUSTICE CHEEKATI
MANAVENDRANATH ROY
WRIT PETITION No.14735 OF 2019
08.02.2022
DRK
