Andhra Pradesh High Court - Amravati
Gampala Lova Venkata Krishna Swamy ... vs The State Of Andhra Pradesh on 26 September, 2024
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APHC010134202024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
THURSDAY, THE TWENTY SIXTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION NO: 7012/2024
Between:
GAMPALA LOVA VENKATA KRISHNA SWAMY @ KRISHNA SWAMY @
SWAMY, S/O CHANDRA RAO, HINDU, AGED ABOUT 33 YEARS, R/O
D.NO.2-374/3, BALAJI NAGAR, RAMANAIAH PETA, KAKINADA.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY,
HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,
AMARAVATHI, GUNTUR DISTRICT.
2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,
MANGALAGIRI, GUNTUR DISTRICT.
3. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE,
KAKINADA, KAKINADA DISTRICT.
4. THE SUB DIVISIONAL POLICE OFFICER, KAKINADA, KAKINADA
DISTRICT.
5. THE STATION HOUSE OFFICER, II TOWN L AND O P.S, KAKINADA.
6. THE STATION HOUSE OFFICER, SARPAVARAM POLICE STATION,
KAKINADA SUB DIVISION, KAKINADA.
...RESPONDENT(S):
Counsel for the Petitioner:
1. MAHADEVA KANTHRIGALA
Counsel for the Respondent(S):
1. GP FOR HOME (AP)
The Court made the following:
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ORDER:
This Writ Petition is filed under Article 226 of Constitution of India with
the following prayer for:
".... a writ of Mandamus, declaring the action of the
Respondent No.4 in opening and continuing Rowdy Sheet in
proceedings C.No.18/HS- PRO/SDPO-K/2017 dated
09.06.2017 against the Petitioner as illegal, improper, unjust,
arbitrary, violative of Art. 14, 21 of Constitution India and
violative of Judgments of this Hon'ble of Court and in violation
of Andhra Pradesh Police Manual Order No.601 and
consequently direct the Respondents to close the Rowdy Sheet
in proceedings C.No.18/HS- PRO/SDPO-K/2017 dated
09.06.2017 pending against the Petitioner."
2. When the matter is taken up for hearing, Sri Mahadeva Kanthrigala,
learned counsel for the Petitioner would submit that the Rowdy Sheet is
opened against the Petitioner though no criminal cases are pending against
him.
3. Sri S.Sarath Kumar, leaned Assistant Government Pleader for Home
would submit that no cases are pending against the Petitioner and they have
filed counter to that effect. For ready reference, relevant paragraph of the
Counter Affidavit is extracted hereunder:
"It is further respectfully submitted that no cases are
pending against the Petitioners, unless and until, a close watch
is being maintained against the unlawful activities of the
Petitioner herein, there is every chance that they may repeat
the offences. In view of the public interest and mainly to
safeguard the residents whereat the Petitioner is residing, the
Rowdy Sheet has been opened and continued against him but
not otherwise..............."
4. In view of the submission made by the learned Assistant Government
Pleader, the Writ Petition is disposed of. The Police are directed to close the
Rowdy Sheet in proceedings C.No.18/HS- PRO/SDPO-K/2017 dated
09.06.2017 pending against the Petitioner, since no case is pending against
him.
As a sequel thereto, miscellaneous petitions, if any, pending shall stand
closed.
________________________________
VENKATA JYOTHIRMAI PRATAPA, J
Date: 26.09.2024
Dinesh
HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Dt.26.09.2024
Dinesh
