APHC010013982018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No: 772/2018 Between: 1. KAMMA KANDYALA RAMASUBBAIAH, URVAKONDA ANATHAPUR DIST 2. BOYA RAMANJANEYULU, S/O LINGANNA R/O RENUMAKULAPALLI VILLAGE URVAKONDA MANDAL ANANTHPUR DIST 3. BOYA BHASKAR, S/O PARTHANNA R/O UNDLABANDA VILLAGE VIDAPANAKALLU MANDAL ANANTAPUR DIST 4. BOYA ANAND, S/O VENKATARAMANAPPA R/O AMIDALA VILLAGE URVAKONDA MANDAL ANANTAPUR DIST. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, SECRETARIAT VELAGPUDPI GUNTUR 2. THE SUPERINTENDENT OF POLICE, ANANTAPUR DIST ANANTAPUR 3. THE SUPERINTENDENT OF POLICE, KURNOOL DIST KURNOOL 4. THE SUB DIVISIONAL POLICE OFFICER, GUNTAKAL ANANTAPUR DIST 2 5. THE SUB DIVISIONAL POLICE OFFICER, DHONE KURNOOL DIST 6. THE CIRCLE INSPECTOR OF POLICE, PATHIKONDA CIRCLE KURNOOL DIST 7. THE CIRCLE INSPECTOR OF POLICE, PATHIKONDA CIRCLE KURNOOL DIST 8. THE CIRCLE INSPECTOR OF POLICE, PATHIKONDA CIRCLE KURNOOL DIST. ...RESPONDENT(S): Counsel for the Petitioner: 1. MADHAVA RAO NALLURI 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: 772/2018 O R D E R: The Writ Petition is filed under Article 226 of the Constitution of India to issue a writ order or direction more in the nature of Writ of Mandamus declaring the action of the respondents No. 2 to 8 opening, maintaining the Hired Assassin Sheets No 96, 97, 98 and 99 against the petitioners. 2. Heard Sri Madhava Rao Nalluri, learned counsel for the writ petitioners and learned Assistant Government Pleader for Home. 3. Learned counsel for the petitioners would submit that even as per the counter affidavit filed by the respondents/police, as on the day, no cases are pending against the petitioner No.1, and some cases are pending against the petitioners No.2 to 4 as referred in the counter-affidavit and continuance of the Hired Assassin Sheet against the petitioner No.1 is not sustainable in law, and also not in accordance with the Police Standing Order No.601. 4. Learned Assistant Government Pleader for Home would submit that the petitioners were involved in certain offences earlier. Though the cases are no longer pending against the 4 petitioner No.1 at present, there is a chance that the petitioner No.1 may repeat the offences and likely to indulge in violence. 5. Admittedly, the impugned Hired Assassin Sheets were opened against the petitioners earlier with certain alleged offences. Even as per the counter affidavit, no other case is pending against the petitioner No.1 herein as on today. It is not the case of the respondents/police that the petitioner No.1 has been shown as accused in any other case or he was directed to bind over under Section 107 Cr.P.C. 6. Going by the Police Standing Order No.601, the petitioner No.1 would not come within the purview of any of the clauses mentioned therein. Clause 1 of the Police Standing Order No.601 contemplates that Hired Assassin 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 No.1 herein, there are no other cases pending against him. 7. By virtue of the same, it can safely be inferred that the petitioner No.1 herein would not come within the purview of 5 habitual offender. Neither had he abetted the commission of offences involving breach of peace nor was he responsible for causing disturbance to public order or security. When such is the case, continuation of Hired Assassin Sheet against the petitioner No.1 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 partly allowed, directing the respondents/police to take necessary action forthwith, for closure of the Hired Assassin Sheet opened against the petitioner No.1 herein only, soon after receipt of copy of the order. 9. Accordingly, the Writ Petition is allowed in respect of the petitioner No.1 only. The writ petition filed by the petitioner Nos.2 to 4 is dismissed. However, they are at liberty to file fresh petition after disposal of the cases pending against them. 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: 17.09.2025. PSK 6 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI 87 WRIT PETITION No: 772 OF 2018 Date: 17.09.2025 W PSK