APHC010388172024 IN THE HIGH COURT OF NDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 14134/2019 Between: 1. CHALLA MARAIAH,, S/O VEERA SWAMY, HINDU, AGED ABOUT 40 YEARS, DOOR NO. 8-29-64/30, GANESH NAGAR, AGATHA VARAPPADU VILLAGE, PCDA KAKANI MANDAL, GUNTUR DIST ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRL. SECRETARY HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH. 3. THE SUPERINTENDENT OF POLICE, GUNTUR URBAN DISTRICT, GUNTUR. 4. THE SUBDIVISIONAL POLICE OFFICER, GUNTUR URBAN DISTRICT, GUNTUR. 5. THE STATION HOUSE OFFICER, PEDA KAKANI POLICE STATION, PEDA KAKANI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. CH MARKONDAIAH Counsel for the Respondent(S): 1. GP FOR HOME (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 14134/2019 O R D E R: The Writ Petition is filed under Article 226 of the Constitution to issue a Writ, order or direction, more in the nature of a Writ of Mandamus declaring the action of the respondents in opening and continuing Suspect Sheet No.9 of 2015 against the petitioner in Peda Kakani Police Station of Guntur District as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also ultra virus the Police Standing Orders and consequently direct the respondents to close the Suspect Sheet No.9 dated 21.08.2015. 2. Heard Sri Ch.Markondaiah, learned counsel for the writ petitioner and learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioner would submit that all the cases which were registered against the petitioner herein are no longer pending and the petitioner got acquitted in all the cases and therefore, continuation of the rowdy sheet against the petitioner is not in accordance with the Police Standing Order No.601. 4 4. Learned Assistant Government Pleader would submit that the petitioner was involved in certain offences earlier. Though the cases are no longer pending against the petitioner at present, there is a chance that the petitioner may repeat the offences and likely to indulge in violence. 5. Admittedly, the impugned rowdy sheet was opened against the petitioner earlier with certain alleged offences. Even as per the counter affidavit, no other case is pending against the petitioner herein as on today. It is not the case of the respondents police that the petitioner has been shown as accused in any other case or they were directed to bind over under Section 107 Cr.P.C. 6. Going by the Police Standing Order No.601, the petitioner 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 cases registered against the petitioner herein, there are no other cases pending against him. 5 7. By virtue of the same, it can safely be inferred that the petitioner herein would not come within the purview of habitual offender. Neither had they abetted the commission of offences involving breach of peace nor were they responsible for causing disturbances to public order or security. When such is the case, continuation of rowdy sheet against the petitioner herein would amount to abuse of process of the Court. 8. In the light of the facts and circumstances of the case, the Writ Petition is allowed, directing the respondents/police to take necessary action forthwith, for closure of the rowdy sheet opened against the petitioner herein, soon after receipt of copy of the order. 9. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed. _______________________ ____ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 20.08.2025. PSK 6 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI 69 WRIT PETITION NO: 14134 OF 2019 Date: 20.08.2025 W PSK