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2025 DAILYLAW 34107 (AP)

Nagireddy Rajendra Prasad v. State of Andhra Pradesh

WP/24633/2018 · 2025-08-20

B V L N Chakravarthi

body2025

Judgment text

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APHC010388172024 IN THE HIGH COURT OF NDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No: 24633/2018 Between: 1. NAGIREDDY RAJENDRA PRASAD, S/O. VENKATESWARA RAO, AGED 26 YEARS, OCC. STUDENT, RIO. D.NO.3-160, TATIPAKA VILLAGE, RAZOLE MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. COMMISSIONER OF POLICE, VIJAYAWADA CITY, KRISHNA DISTRICT. 3. INSPECTOR OF POLICE, I TOWN POLICE STATION. VIJAYAWADA CITY, KRISHNA DISTRICT. 4. STATION HOUSE OFFICER, VIJAYAWADA I TOWN POLICE STATION, VIJAYAWADA CITY, KRISHNA DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. KOLLURI ARJUN CHOWDARY 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: 24633/2018 O R D E R: 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 respondents in opening and continuing Suspect Sheet against petitioner on the rolls of 4th respondent, as illegal, irregular, irrational and violative of the Andhra Pradesh Police Standing Orders and offends articles 14 and 21 of Constitution of India and consequently quash the Suspect Sheet and direct the respondents not to interfere with his liberty in any manner. 2. Heard Sri K.Arjun Choudary, 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: 21.08.2025. PSK 6 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI 22 WRIT PETITION NO: 24633 OF 2018 Date: 21.08.2025 W PSK