Telangana High Court
WP/24676/2007 of Gubbala Srinivas Vs The Superintendent of police, Kakinada on 24 December 2007
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.24676 OF 2007. Date: 24.12.2007. Between: Gubbala Srinivas, S/o.Veerababu, …Petitioner. AND The Superintendent of Police, Kakinada, East Godavari District and two others. …..Respondents. THE HONOURABLE SRI JUSTICE R.SUBHASH REDDY
THE HONOURABLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION No.24676 OF 2007.
Date: 24.12.2007.
Between:
Gubbala Srinivas, S/o.Veerababu,
…Petitioner.
AND
The Superintendent of Police,
Kakinada, East Godavari District
and two others.
…..Respondents.
THE HONOURABLE SRI JUSTICE R.SUBHASH REDDYWRIT PETITION No.24676 OF 2007.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER:
In this Writ Petition, the petitioner seeks to declare,by way of Mandamus, the action of respondents in opening rowdysheet against him and continuing the same as illegal and arbitrary.
The petitioner was one of the accused in CrimeNo.60 of 2000, on the file of Razole Police Station, East GodavariDistrict. With reference to the said crime and allegation of hisinvolvement, he was tried in C.C.No.518 of 2000, on the file of theAdditional Judicial Magistrate of First Class, Razole. When thesaid proceedings were pending, a rowdy sheet was opened against the petitioner in exercise of thepowers under Standing Order 742 of the A.P. Police StandingOrders.
It is stated by the learned Counsel for the petitionerthat with reference to the charge in Crime No.60 of 2000, whichwas tried in C.C.No.518 of 2000, he was acquitted by thecompetent criminal Court on 02.04.20002, and in spite of the factthat no further cases were registered against the petitioner, thesaid rowdy sheet opened against the petitioner is being continuedindefinitely, without reviewing the same.
Opening of rowdy sheets is governed by situationsas contemplated in Standing Order 742 of the A.P. Police StandingOrders. This Court in Baber Siddiqui v. Commissioner ofPolice, Hyderabad[[1]],held that rowdy sheets, once opened, cannot be continued mechanically and it is obligatory on the part ofthe respondents to review the same taking into account theinvolvement of the petitioner in further cases and registration ofnew cases etc. Though counter affidavit is not filed, oninstructions, it is submitted by the learned Government Pleaderthat the proposals for dropping the name of the petitioner andclosing the rowdy sheet opened against the petitioner is underactive consideration. It is not disputed that no cases areregistered recently against the petitioner.
In view of the above said aspect, I dispose of theWrit Petition directing the respondents to take appropriate stepsfor reviewing the rowdy sheet opened against the petitioner andpass appropriate orders and communicate the same to thepetitioner within a period of two weeks from the date of receipt of acopy of this order.
Subject to above order, the Writ Petition is disposedof. No order as to costs.
________________________
R.SUBHASH REDDY, J.
Date: 24.12.2007.Note: Issue C.C. in two days.(B/o) GS
[1]2000(3) ALT 300