Andhra Pradesh High Court - Amravati
Marri Gopi vs The State Of Andhra Pradesh, on 19 January, 2022
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.634 OF 2022
ORDER:-
This writ petition for a Mandamus is filed to declare the
action of the respondents 2 to 4 in opening rowdy sheet No.199
against the petitioner, as illegal, arbitrary and violative of A.P.
Police Standing Order No.742 and consequently sought
direction to the respondents 2 to4 to close the said rowdy sheet
which was opened against the petitioner.
2. Heard learned counsel for the petitioner and learned
Assistant Government Pleader for Home appearing for respondents
1 to 4.
3. The petitioner claims to be an agriculturist. It is stated
that he has been eking out his livelihood by doing agriculture.
He further states that earlier a case in Crime No.76 of 2011 for
the offence punishable under Section 302 r/w 34 of the Indian
Penal Code, 1860, was registered against him in Mangalagiri
Rural Police Station and he was shown as accused No.4 in the
said crime. The petitioner states that after full-fledged trial
conducted in the Court of III Additional District and Sessions
Judge, Guntur, he was acquitted in the said case of all the
charges as per Judgment dated 21.03.2014. No other case is
pending against him. However, it is stated that the respondents
have opened a rowdy sheet No.199 against him earlier on the
ground that he was involved in the said criminal case. But even
after he was acquitted in the said criminal case, it is stated that
the police did not close the said rowdy sheet and they are
continuing the same. Therefore, challenging the said action of
the respondents in continuing the said rowdy sheet and not
closing the same, the present writ petition is filed.
4. The matter is squarely covered by earlier order of this
Court passed in W.P.No.24672 of 2020, wherein this Court
clearly held that when in a sole crime that was registered
against the petitioner, he was acquitted and no other crime was
registered against him and when there is no material on record
placed by the police to show that the activities of the petitioner
are prejudicial to the interest of the public and that no person is
coming forward to complain against him, that the continuation
of rowdy sheet in the said facts and circumstances of the case,
is not sustainable under law.
5. The aforesaid analogy squarely applies to the present facts
of the case. In the instant case also, as on today, no crime is
pending against the petitioner. He was already acquitted in the
sole crime that was registered against him. There is no material
produced before this Court to show that his activities at present
are prejudicial to the interest of the public order or that any
person aggrieved by the same, is not coming forward to lodge
complaint against him. Therefore, in the absence of any such
material on record, continuation of the said rowdy sheet that
was opened against the petitioner is clearly unsustainable under
law. There is absolutely no justification in continuing the said
rowdy sheet that was opened against the petitioner. it is
contrary to the provisions of A.P. Police Standing Orders.
6. Therefore, in view of the aforesaid earlier order of this
Court in W.P.No.24672 of 2020 and for the reasons stated
therein, this Writ Petition is allowed declaring the action of
respondent-police officials in continuing the said rowdy sheet
against the petitioner without closing the same as illegal and
unconstitutional. Consequently, the respondent-police officials
are hereby directed to forthwith close the rowdy sheet No.199
that was opened against the petitioner. There shall be no order
as to costs.
Miscellaneous Petitions, if any pending, in this Writ Petition,
shall stand closed.
_____________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 19-01-2022
ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.634 OF 2022
Date : 19-01-2022
ARR
