\ . IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 26432 OF 2024 Between: Avula Anil Kumar, S/o Joseph, aged about 52 years, Occ: News Contributor, R/o Yekollu Village, Doravarisatram Mandal, Tirupati District. ...PETITIONER AND 1. The State of A.P., rep., by its Principal Secretary, Home Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Tirupati, Tirupati District. , 3. The Sub-Divisioinal Officer, Gudur, Tirupati District. 4. The Sub-Inspector of Police, Doravarisatram Police Station Doravarisatram, Tirupati District. ...RESPONDENTS 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 an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, to declare the action of respondents in continuing the Rowdy opened against the petitioner pursuant to the orders passed by the 3'"' respondent vide Procs C.No. 380/GL-SDDG/2018 dt. 24-5-2018 inspite of acquittal from all the criminal cases, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent Nos. 2 and 3 herein to issue orders for closure of the rowdy sheet opened against the petitioner in the 4^*^ respondent police station. r lA NO: 1 OF 2024 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 direct the respondent No.4 herein not to call the petitioner to the police station or in any manner interfere with his personal life and liberty, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI K.MOHAN RAMI REDDY Counsel for the Respondent Nos. 1 to 4: SRI V.FAROOK ADDITIONAL GP FOR HOME The Court made the following: ORDER CS APHC010509742024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE [3368] PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 26432/2024 Between: 1.AVULA ANIL KUMAR, S/0 JOSEPH, AGED ABOUT 52 YEARS, OCC NEWS CONTRIBUTOR VILLAGE, DORAVARISATRAM DISTRICT. R/0 YEKOLLU MANDAL, TIRUPATI ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, , REP., BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, TIRUPATI TIRUPATI DISTRICT. 3.THE SUBDIVISIOINAL OFFICER, GUDUR, TIRUPATI DISTRICT. 4.THE SUBINSPECTOR OF POLICE, DORAVARISATRAM POLICE STATION DISTRICT. DORAVARISATRAM, TIRUPATI ...RESPONDENT(S): Counsel for the Petitioner: 1.K MOHAN RAMI REDDY Counsel for the Respondent(S): 1.GP FOR HOME (AP) The Court made the following: V 2 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No. 26432/2024 The Writ Petition is filed under Article 226 of the Constitution to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of respondents in continuing the Rowdy opened against the petitioner pursuant to the orders passed by the 3rd respondent vide Procs.C.No.380/GL-SDDG/2018dt. 24-5-2018 inspite of acquittal from all the criminal cases, as being illegal, arbitrary unjust and unconstitutional and consequently direct the respondent Nos. 2 and 3 herein to issue orders for closure of the rowdy sheet opened against the petitioner in the 4'^ respondent police station. Heard Sri K.Mohan Rami Reddy, learned counsel for the 2. petitioner and Sri V.Farook, learned Additional Government Pleader for Home. Learned counsel for the petitioner would submit that all the 3. 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 m K ■ 3 petitioner is not in accordance with the Police Standing Order 'I No.601. 4. Learned Additional 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. 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 5. 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 he was directed to bind over under Section 107 Cr.P.C. Going by the Police Standing Order No.601, the petitioner 6. 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. 4 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. 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. 5 A As a sequel thereto, the interlocutory applications, if any. pending in this Writ Petition shall stand closed. SDl- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// OFFICER SEC To, 1. The Principal Secretary, Home Department, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, Tirupati, Tirupati District. 3. The Sub-Divisioinal Officer, Gudur, Tirupati District. 4. The Sub-Inspector of Police, Doravarisatram Police Station Doravarisatram, Tirupati District. 5. One CC to Sri K.Mohan Rami Reddy, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 7. Three CD Copies. gi i HIGH COURT DATED:06/02/2025 forANDf/^;^_ ORDER X 11, FEI 2125 Q,^ Curreiu Secuon ompatcw^^' 7/ WP.No.26432 of 2024 ALLOWING THE WRIT PETITION WITHOUT COSTS