Telangana High Court
WP/33042/2010 of Karri Chakradhara Rao Vs The Superintendent of Police, East Godavari at Kakinada on 31 December 2010
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.33042 of 2010 ORDER: This writ petition is filed with the prayer, which reads as under: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a writ or order or
THE HON’BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.33042of2010
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ORDER:
This writ petition is filed with the prayer, which reads as under:“For the reasons stated in the accompanying affidavit, it ishereby prayed that this Hon’ble Court may be pleased to issue awrit or order or direction more particularly one in the nature ofWrit of Mandamus declaring action of the respondents inmaintaining the rowdy sheet against the petitioner inThimmapuram Police Station, East Godavari District, is illegal,arbitrary and in violation of principles of natural justice andconsequently direct the respondents to close the rowdy sheetagainst the petitioner in Thimmapuram Police Station, EastGodavari District.”
It is the case of the petitioner that he was implicated in CrimeNo.40 of 2007 on the file of Thimmapuram Police Station, EastGodavari District and charged for the offences under Sections 302,307 IPC read with 34 IPC. After committal, the case was numbered asS.C.No.238 of 2008, in which, he was already acquitted by the criminalCourt on 14.05.2010. It is also his further case that thoughsubsequently, another crime was registered, it was closed on theground that it was a mistake of fact. In spite of the same, rowdy sheetopened against him is being continued.
On instructions, it is submitted by the learned AssistantGovernment Pleader for Home appearing for the respondents that inthe only case, in which, the petitioner was charge-sheeted, he wasacquitted, another case registered against him was closed as mistakeof fact and no other cases are pending against him.
It is well settled that as per the Standing Orders of the AndhraPradesh Police Manual, based on the solitary instance i.e.involvement in one crime, no rowdy sheet can be allowed to beopened.
It is to be noticed that the petitioner was acquitted in S.C.No.238of 2008, in which, he was charged for the offences under Sections 302,307 IPC read with 34 IPC.
In that view of the matter, in the absence of any further casesregistered against the petitioner, there appears no basis for continuingthe rowdy sheet opened against him.
For the aforesaid reasons, the writ petition is allowed quashingthe rowdy sheet opened against the petitioner on the file ofThimmapuram Police Station, East Godavari District. However, it ismade clear that if the petitioner involves in any further crime, this willnot preclude the respondents to open fresh rowdy sheet against him.No order as to costs.
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R.SUBHASH REDDY, J
31[st] DECEMBER, 2010.
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