r 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: 26578 OF 2023 Between: Katasani Venkata Rami Reddy, S/o. K. Narayana Reddy, aged about 45 years, R/o. H.No. 285, Gundia Singavaram Village, Owk Mandal, Nandyal District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District 2. The Superintendent of Police, Nandyal,Nandyal District 3. The Sub Divisional Police Officer, Dhone, Nandyal District 4. The Station House Officer, Owk P.S, Owk, Nandyal 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 a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 4'^ respondent opening the rowdy sheet No.575 on the file of the OWK P.S, Nandyal Mandal, Kurnool District in pursuance to the impugned proceedings of the 3'"^ respondent vide C.No.105/BC/SDPO-ALG/2018, dated 17.12.2018 and continuing the same in flagrant disregard to law and in most capricious manner only by succumbing to political pressures, as illegal, arbitrary, violative of Article 14, 19 and 21 of The Constitution of India and consequently direct the 3"'^ and 4‘^ respondents to close the rowdy sheet in •1. opened against the petitioner by setting aside the aforesaid impugned ^orders of the 3^^^ respondent, dated 17.12.2018. lA NO: 1 OF 2023 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 respondents 2 to 4 not to harass, interfere with the personal life & liberty of the petitioner by suspending the impugned proceedings of the 3'*^ respondent vide C.No.105/BC/SDPO-ALG/201 8, dated 17.12.2018. Counsel for the Petitioner: SRI K. RATHANGA PANI REDDY Counsel for the Respondent Nos.1 to 4: GP FOR HOME The Court made the following: ORDER APHC010510522023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 26578/2023 Between: 1.KATASANI VENKATA RAMI REDDY. S/0. K. NARAYANA REDDY, AGED ABOUT 45 YEARS, R/0. H.NO. 285, GUNDLA SINGAVARAM VILLAGE, NANDYAL DISTRICT. OWK MAN DAL, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, NANDYAL NANDYAL DISTRICT. 3.THE SUB DIVISIONAL POLICE OFFICER, DHONE, NANDYAL DISTRICT. 4.THE STATION HOUSE OFFICER, OWK P.S, OWK NANDYAL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.K RATHANGA PANI REDDY Counsel for the Respondent(S): 1.GP FOR HOME (AP) The Court made the following: 2 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No. 26578/2023 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, declaring the action of the 4th respondent in opening the rowdy sheet No.575 on the file of the OWK P.S,Nandyal Mandal, Kurnool District in pursuance to the impugned proceedings of the 3rd respondent vide C.No. 105/BC/SDPO-ALG/2018, dated 17.12.2018 and continuing the same in flagrant disregard to law and in most capricious manner only by succumbing to political pressures, as illegal, arbitrary. violative of Article 14, 19 and 21 of The Constitution of India and consequently direct the 3rd and 4th respondents to close the rowdy sheet opened against the petitioner by setting aside the aforesaid impugned orders of the 3rd respondent, dated 17.12.2018. 2. Heard Sri K.Rathanga Pani Reddy, learned counsel for the petitioner and Sri V.Farook, learned Additional 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 3 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. Learned Additional Government Pleader would submit that the petitioner was involved in certain offences earlier. Though the 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. cases 5. Admittedly, the impugned rowdy sheet was opened against the petitioner earlier with certain alleged offences. Even 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 accused in any other case or he was directed to bind over under Section 107 Cr.P.C. as per as 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 6. 4 persons, who habitually commit, attempt to commit, or abet the commission of offences involving a breach of the peace. A 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. 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 7. amount to abuse of process of the Court. 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 8. order. Accordingly, the Writ Petition is allowed. There shall be no 9. ( . order as to costs. A 5 As a sequel thereto, the interlocutory applications pending in this Writ Petition shall stand closed. if any, SD/- K. TATA RAG DEPUTY REGISTRAR //TRUE COPY// P SECTION OFFICER To 1. The Principal Secretary, Home Department, Secretariat, Velagapudi, Guntur District 2. The Superintendent of Police, Nandyal ,Nandyal District 3. The Sub Divisional Police Officer, Dhone, Nandyai District 4. The Station House Officer, Owk P.S, Owk 5. One CC to Sri K. Rathanga Pani Reddy, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra 7. Three CD Copies. State of Andhra Pradesh, Nandyal District Pradesh. [OUT] ssb HIGH COURT DATED:06/02/2025 ORDER WP.No.26578 of 2023 15 FEB 2023 Curreni Section 4 ^Ss^SPATCW*^^ ALLOWING THE W.P. WITHOUT COSTS