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2025 DAILYLAW 1580 (AP)

PALI SRINIVAS @ SREENU v. THE STATE OF ANDHRA PRADESH

WP/34021/2025 · 2026-05-03

Subhendu Samanta

body2025

Judgment text

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APHC010656342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3560] MONDAY, THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO:34021/2025 Between: 1. PALI SRINIVAS @ SREENU, S/O.KANAKARAJU, AGEDED 40 YEARS, R/O. D.NO 28-4-2/2, YELLAMTHOTA, BACKSIDE OF TUMMIDI BROTHERS SHOP, NEAR JAGADAMBA CENTRE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT,ANDHRA PRADESH-530001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, HOME DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DIRECTOR GENERAL OF POLICE, A.P. POLICE HEADQUARTERS, MANGALAGIRI, GUNTUR DISTRICT, A.P. 3. THE SUPERINTENDENT OF POLICE, DISTRICT POLICE OFFICE, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE COMMISSIONER OF POLICE, VISAKHAPATNAM POLICE COMMISSIONERATE SURYABAGH, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 5. THE ASSISTANT COMMISSIONER OF POLICE, VISAKHAPATNAM POLICE COMMISSIONERATE, EAST SUB-DIVISION, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 6. THE STATION HOUSE OFFICER, II TOWN POLICE STATION, II -2- W.P. No.34021 of 2025 TOWN, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondent authorities more particularly the Respondent No.6in opening the Rowdy Sheet in M.R.Peta Zone, II Town Police Station, Visakhapatnam City, Visakhapatnam District against the Petitioners even though the Petitioner was acquitted in the said criminal case Cr. No. 79/2014 vide S.C. No. 30/2015 dated 17-05-2019 as illegal arbitrary and in violation of Articles 14, 19 and 21 of Constitution of India and in utter violation of the judgment in W.P. Nos. 21247/2016 and Batch dated 15.07.2022 rendered by the Honble A.P. High Court and direct the Respondent authorities to close the Rowdy Sheet No in M.R. Peta Zone, II Town Police Station, Visakhapatnam City, Visakhapatnam District opened against the Petitioner and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass an interim order by directing the Respondent authorities to suspend the proceedings in Rowdy Sheet on the file of M.R. Peta Zone, II Town Police Station, Visakhapatnam City, Visakhapatnam District against the Petitioners, until disposal of the above writ petition and pass Counsel for the Petitioner: 1. DANYAMRAJU UMA MAHESWARA RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: -3- W.P. No.34021 of 2025 THE HON’BLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION No:34021/2025 ORDER: 1. Instant writ petition has been preferred seeking necessary direction in the nature of a Writ of Mandamus against action of 6th respondent in opening a rowdy sheet in M.R. Peta Zone, II Town Police Station, Visakhapatnam City, Visakhapatnam District, against the petitioner, who was acquitted in Crime No.79 of 2014 vide S.C.No.30 of 2015 dated 17.05.2019. 2. Learned counsel for the petitioner submits that the rowdy sheet was issued by virtue of order dated 23.03.2014 passed by the Assistant Commissioner of Police, East Sub-Division, Visakhapatnam City. The petitioner was arrayed as an accused in connection with Crime No.79 of 2014 under Sections 307 and 323 read with Section 34 of I.P.C. Learned Sessions Judge concerned has acquitted the petitioner by passing a judgment of acquittal on 17.05.2019. Still, the authority is continuing to maintain the rowdy sheet. 3. Learned Assistant Government Pleader for Home submits that the rowdy sheet was opened against petitioner in connection with Crime No.79 of 2014 under Sections 307 and 323 read with Section 34 of I.P.C. The petitioner was also involved in another crime, being Crime No.215 of 2015 under Sections 384 and 506(1) of the I.P.C. -4- W.P. No.34021 of 2025 4. Learned Assistant Government Pleader frankly admits that Crime No.79 of 2014, which resulted in S.C.No.30 of 2015, has already been disposed of by an order of acquittal of the learned Sessions Judge, and the other crime, being Crime No.215 of 2015, was also disposed of as compromised. 5. Taking note of the submissions of the parties, it appears that no criminal case is pending against the petitioner. The petitioner is not required for the purpose of any other case. At this juncture, the rowdy sheet started by the direction of the Assistant Commissioner of Police vide order dated 23.03.2014 is not required to be continued. When a Court of law has declared the petitioner to be not guilty, no rowdy sheet can be continued by the police authority. Hence, the rowdy sheet issued against the petitioner is hereby quashed. 6. Accordingly, instant writ petition is disposed of. No costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________________ JUSTICE SUBHENDU SAMANTA Dt.04.05.2026 BV