Andhra Pradesh High Court - Amravati
Kanuganti Siva Krishna Krishna ... vs The State Of Andhra Pradesh on 1 May, 2024
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010958032018
IN THE HIGH COURT OF ANDHRA
PRADESH
[3327]
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY ,THE FIRST DAY OF MAY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 46265/2018
Between:
Kanuganti Siva Krishna @ Krishna @ ...PETITIONER(S)
Chinnodu and Others
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. SEETA RAMAIAH TENNETI
Counsel for the Respondent(S):
1. GP FOR HOME (AP)
The Court made the following:
O R D E R:
This Writ Petition is filed to declare the action of the
respondents herein in opening and continuing the rowdy sheet
against the petitioners herein, as illegal and arbitrary.
2. Case of the Writ Petitioners, in brief, is that in the year 2016
a case in Crime No.65 of 2016 of Tadepalli Police Station, Guntur
District was registered against them for the offences punishable
under Sections 326A, 120B and 114 r/w 34 IPC. The petitioners
got acquitted in the said crime by the learned Assistant Sessions
Judge, Mangalagiri on 25.11.2019 in S.C.No.454 of 2019. The
further case of the petitioners herein is that except the above said
crime, no other crime was registered against them and in spite of
that the respondent police opened rowdy sheet against them.
Hence, they filed the present Writ Petition.
3. A counter affidavit has been filed on behalf of respondent
No.3 stating that the petitioners herein are involved in Crime
No.65 of 2016 of Tadepalli Police Station, Guntur District,
registered for the offences punishable under Sections 326A,
120B and 114 r/w 34 IPC and were acquitted vide Judgment
dated 25.11.2019 in S.C.No.454 of 2019 on the file of the
Assistant Sessions Judge, Mangalagiri. It is further stated that to
curb and curtail the unlawful activities of the petitioners herein in
the vicinity, the SHO, Tadepalli Police Station, Guntur District,
opened suspect sheet against the petitioners herein after getting
permission from the Deputy Superintendent of Police, Tadepalli
Sub Division, vide C.No.36/ BCs/SDPO-NORTH/GTR(U) /2016,
dated 07.04.2016. It is further stated that as per the APPM Order
No.601, the following persons may be classified as rowdies and
rowdy sheets may be opened for them under the orders of the
SP/DCP and ACP/SDPO.
"1. Persons, who habitually commit, attempt to
commit or abet the commission of offences involving
a breach of the peace, disturbances to public order
and security.
2. Persons bound over under Sections 106,
107, 108(1) and 110(e) and (g) of Cr.P.C.
3. Persons who have been convicted more
than once in two consecutive years under Sections
59 and 70 of the Hyderabad City police Act or under
Section 3, Clause 12 of the AP Town Nuisances Act.
4. Persons who habitually tease women and
girls and pass indecent remarks including offences
under Sections 354-A, B, C and 354-D IPC.
5. Persons who have been charge sheeted
under the offence of Rape (376, 376-A, B, C, D and
E IPC).
6. Persons who have been charge sheeted
under the offences of POCSO Act, 2012 and Acid
Attacks (326A and 326B of IPC).
7. Rowdy sheets for the rowdies residing one
police station area but found frequenting the other
police stations area, can be maintained at all such
police stations.
8. Persons who intimidate by threats or use of
physical violence or other unlawful means to part
with movable or immovable properties or in the habit
of collecting money by extortion from shopkeepers,
traders and other residents including „loan sharks‟.
9. Persons who incite, instigate and participate
in communal/caste or political riots.
10. Persons detained under the AP Prevention
of Dangerous Activities of Bootleggers, Dacoits,
Drug Offenders, Goondas, Immoral Traffic Offenders
and Land Grabbers Act, 1986 for a period of 6
months or more.
11. Persons on whom charge sheets filed
under the offence of assault on public servants,
under Arms Act and such other offences punishable
with imprisonment of 2 years or more.
12. Persons on whom charge sheets filed
under the offence of murder and attempt to murder
(302 and 307 IPC).
13. Persons on whom charge sheets filed
under the offence of chain snatching.
14. Persons who are convicted under the
Representation of People Act, 1951 for rigging,
carrying away, damaging ballot paper, boxes and
polling material."
It is further stated in the counter affidavit that except the above
mentioned case, no other case was registered or is pending
against the petitioners herein on the file of Tadepalli Police
Station, Guntur District.
4. Heard. Perused the material on record.
5. In the year 2016, a case in Crime No.65 of 2016 of
Tadepalli Police Station, Guntur District was registered against
the petitioners for the offences punishable under Sections 326A,
120B and 114 r/w 34 IPC and they were acquitted vide Judgment
dated 25.11.2019 in S.C.No.454 of 2019 on the file of the learned
Assistant Sessions Judge, Mangalagiri. Admittedly, as per the
counter affidavit, no other case is pending against the petitioners
herein as on today. It is not the case of the respondent police that
the petitioners have been shown as accused in any other case or
they were directed to bind over under Section 107 Cr.P.C. Going
by the Police Standing Order No.601, the petitioners would not
come within the purview of any of the clauses mentioned therein.
Clause 1 of the Police Standing Order No.601 contemplates that
rowdy sheets may be opened against the persons, who habitually
commit, attempt to commit or abet the commission of offences
involving a breach of the peace, disturbances to public order and
security. In the present case on hand, except the above
mentioned case registered against the petitioners herein, there
are no other cases pending against them. By virtue of the same,
it can safely be inferred that the petitioners herein would not
come within the purview of habitual offender. Neither they abetted
the commission of offences involving breach of peace nor they
were responsible for causing disturbances to public order or
security. When such is the case, continuation of suspect sheet
against the petitioners herein would amount to abuse of process
of the Court.
6. In view of the aforesaid facts and circumstances of the
case, the Writ Petition is allowed and the suspect sheet opened
against the petitioners herein is hereby set aside. There shall be
no orders as to costs.
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.
________________________ ___
JUSTICE K. SREENIVASA REDDY
01.05.2024.
PSA
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 46265 of 2018
Date: 01.05.2024
PSA
