Manda Prabhakar Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 2858 AP

Citation : 2022 Latest Caselaw 2858 AP
Judgement Date : 27 June, 2022

Andhra Pradesh High Court - Amravati

Manda Prabhakar Reddy vs The State Of Andhra Pradesh on 27 June, 2022

Bench: U.Durga Prasad Rao

     THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

                  WRIT PETITION No.8451 of 2022
ORDER:

The petitioner seeks writ of mandamus declaring action of the

respondents in opening suspect sheet No.30 and continuing the same

against the petitioner as arbitrary and illegal and for a consequential

direction to the respondents to close the said suspect sheet.

2. As can be seen, the suspect sheet was opened in Duttaluru Police

Station on 28.11.2014 basing on the registration of crime in Cr.No.75 of

2014 against petitioner and others and later it was transferred to

Bestavaripeta Police Station on point of jurisdiction. In Crime No.75 of

2014 which was registered for the offences U/s 447, 392 and 506 r/w 34

IPC, the petitioner is accused No.1. In the said crime charge sheet was

filed and taken cognizance and trial was conducted in the corresponding

Calendar Case No.89 of 2017 before Judicial Magistrate of First Class,

Udayagiri which was ended in acquittal. Now the writ petition is filed by

the petitioner stating that he is a law abiding citizen and except the

aforesaid false case, no other cases are pending against him and therefore

continuation of the suspect sheet is illegal and contrary to the A.P. Police

Standing Order No.600.

Hence, the writ petition.

3. The 3rd respondent filed counter and opposed the writ petition. It

is stated that basing on the Crime No.75/2014, the Sub Inspector of

Police, Duttaluru Police Station, SPSR Nellore District sent proposals to

the Sub Divisional Police Officer, Kavali requesting to open suspect

sheet against the petitioner and accordingly permission was granted and

suspect sheet was opened against the petitioner. Later on the point of

jurisdiction, as the petitioner resides within the limits of Bestavaripeta

Police Station, Prakasam District, the said suspect sheet was transferred

on 20.09.2019 to the BV Peta Police Station and the same has been

continuing till date. In the counter, it is admitted that except the

Cr.No.75/2014, no other cases were filed or pending against the

petitioner.

(a) It is contended that under Police Standing Order 602(2), the

suspect sheet is registered and continued against him in the public

interest. Respondents thus prayed to dismiss the writ petition.

3. Heard Sri Sunkara Rajendra Prasad, learned counsel for the

petitioner and learned Assistant Government Pleader for Home

representing the respondents.

4. The point for consideration is whether there are merits in the writ

petition to allow?

5. Point: The admitted facts are that the petitioner was involved in

C.C.No.89/2017 (Crime No.75 of 2014) which was ended in acquittal as

can be seen from the copy of the judgment filed along with material

papers. Except in the said offence, the petitioner was not involved in any

other offence. However, it is contended on behalf of the respondents that

in view of Police Standing Order 602(2) suspect sheet is opened and

continued. Police Standing Order 602(2) reads thus:

"merely because a suspect/rowdy, having a history sheet, is not figuring as accused in the previous 5 years after the last case in which he was involved, it should not preclude the SD/DCP/CP to continue his history sheet if SP/DCPCP is of the considered view that his activities are prejudicial to the maintenance of the public order or one affecting peace and tranquillity in the area or the victims are not coming forward to give complaint against him on account of threat from him."

The above Police Standing Order no doubt says that merely

because the suspect is not figured as accused in the five years after the

last case in which he was involved, it would not preclude the authority to

continue his history sheet if in its opinion, suspect's activities are

prejudicial to the maintenance of the public order or one affecting peace

and tranquillity in the area or the victims are not coming forward to give

complaint against him on account of threat from him. However, in the

instant case to register suspect sheet and continue the same, the

respondents have not substantiate any of the reasons mentioned in the

Police Standing Order 602(2). It is not their case the petitioner has been

causing disturbance to public order, peace and tranquillity and it is also

not their case that though there are a number of victims but they are