Andhra Pradesh High Court - Amravati
Shaik Abdul Gani Miah, Kurnool ... vs Secy, Home Dept, Hyd 4 Ot on 4 July, 2022
1
CMR, J.
W.P.No.6423 of 2014
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Writ Petition No.6423 of 2014
ORDER:
This Writ Petition for a mandamus is filed to declare the
action of respondents 3 and 4 in opening the rowdy sheets
against the petitioners, as illegal, arbitrary, unconstitutional
and consequently, sought for quash of the said rowdy sheets
opened against the petitioners.
2. Heard learned counsel for the petitioners and learned
Assistant Government Pleader for Home for respondents 1 to 5.
3. A case in Crime No.89 of 2012 of Gospadu Police Station
for the offences punishable under Sections 302, 307, 324
r/w.34 of IPC and Section 25 of the Indian Arms Act was
registered against the petitioners along with other accused.
Similarly, another case in Crime No.35 of 1997 of Gospadu
Police Station also registered against the petitioners along with
others for the offences punishable under Sections 147, 148,
435, 302 r/w.34 of IPC and Sections 3 and 5 of the Explosive
Substances Act. After completion of investigation, eventually,
charge-sheets were filed against the petitioners along with other
accused in both the said Crimes. The cases were committed to
trial Court. After conclusion of the trial, the petitioners were
convicted in Sessions Case No.161 of 2000 on the file of the V
Additional Sessions Judge, Kurnool. But, on appeal preferred
by them in Criminal Appeal No.1494 of 2001, the petitioners
were acquitted in the said case as per judgment dated
CMR, J.
W.P.No.6423 of 2014
29.04.2014. In the other murder case, the petitioners were
acquitted in the trial Court in Sessions Case No.179 of 2017 on
the file of the V Additional District and Sessions Judge,
Allagadda. Before acquittal of the petitioners in the said two
cases, as they were involved in two murder cases and as the
activities of the petitioners are found to be prejudicial to the
public interest, the impugned rowdy sheets were opened
against them by the police.
4. Now, the grievance of the writ petitioners is that even after
the petitioners were acquitted in both the cases and
eventhough no case is now pending against them in any Court
of law, that the police have been illegally continuing the said
rowdy-sheets that were opened against them long back in the
year 2014. Therefore, the petitioners sought declaration that
the opening of the said rowdy sheets against the petitioners and
continuing the same as illegal and prayed to quash the same.
5. Counter-affidavit of 5th respondent is filed. It is stated
that as the petitioners are involved in two grave crimes and as
their activities are prejudicial to the interest of the public and
as they have been indulging in unlawful activities that the
rowdy sheets opened against them. Therefore, it is prayed to
dismiss the Writ Petition.
6. Learned Assistant Government Pleader for Home
appearing for the respondents would submit that even though
the petitioners are acquitted in the said two murder cases, that
CMR, J.
W.P.No.6423 of 2014
as they have been indulging in unlawful activities, and as the
activities of the petitioners are posing threat to the people
residing in the locality and as their activities are prejudicial to
the interest of the public that the rowdy sheets are being
continued to prevent them from committing any such offences.
He would submit that invoking Standing Order No.601(A) of the
A.P. Police Standing Orders that the said rowdy sheets were
opened against the petitioners.
7. It is not disputed before this Court that the petitioners
have been acquitted in the said two murder cases. Admittedly,
no criminal case is pending against the petitioners now in any
Court of law. Therefore, when the petitioners are acquitted in
the said two murder cases and when no case is pending against
them in any Court at present, there is absolutely no
justification to continue the said rowdy sheets that were opened
against them when the two crimes for the offence punishable
under Section 302 of IPC are pending against them. The
respondents ought to have closed the said rowdy sheets after
they were acquitted in the said two murder cases. Eventhough,
it is stated that the activities of the petitioners are prejudicial to
the interest of public and that their activities are posing threat
to the public living in the vicinity, no material is placed before
this Court to justify the said contention. It is only a bald
allegation made sans any evidence to that effect. Therefore, the
continuation of the rowdy sheets against the petitioners that
CMR, J.
W.P.No.6423 of 2014
were opened when two crimes were pending against them is,
undoubtedly, unsustainable under law.
8. In the similar circumstances, this Court in the case of
Tadiboyina Peraiah @ Mahesh v. State of A.P.1 held that
when there are no crimes pending against the petitioner and
when no material is produced to show that the acts of the
petitioner are posing threat to the inmates of the locality that
continuation of the rowdy sheet by invoking Standing Order
No.601 of the A.P. Police Standing Orders or Standing Order
No.602(2) of the A.P. Police Standing Orders, is not justified.
9. Therefore, the Writ Petition is allowed declaring that the
continuation of the impugned rowdy sheets against the
petitioners is illegal. The respondents 4 and 5 are hereby
directed to forthwith close the said rowdy sheets that were
opened against the petitioners. No costs.
The miscellaneous petitions pending, if any, shall also
stand closed.
________________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date:04.07.2022.
cs
1 2021 (2) ALT (Crl.) 161
