APHC010585792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No: 30591/2024 Between: 1. PURLURI PEDDA ANJIREDDY, C/O. ANJAIAH.S/O. AGE 48 YEARS, R/O. D.NO.76-11-24, KOLLAPHARAM ROAD, BHAVANIPURAM, VIJAYAWADA(URBAN),NTR DISTRICT. 2. BORRA CHIRANJIVI REDDY,, S/O. BORRA CHINNA KOTIREDDY, AGED 34 YEARS, R/O. D.NO.42-4/1-149, SAIBABA TEMPLE STREET, RAMAKRISHNAPURAM, VIJAYAWADA(URBAN), NTR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR.A.P. 2. THE COMMISSIONER OF POLICE, VIJAYAWADA CITY, VIJAYAWADA, NTR DISTRICT. 3. THE ASSISTANT COMMISSIONER OF POLICE, VIJAYAWADA CITY, VIJAYAWADA, NTR DISTRICT. 4. THE DEPUTY COMMISSIONER OF POLICE, VIJAYAWADA CITY, VIJAYAWADA, NTR DISTRICT. 2 5. THE STATION HOUSE OFFICER, BHAVANIPURAMPOLICE STATION VIJAYAWADA,NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. MARELLA RADHA 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.30591/2024 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 declaring the action of the 2 to 5th respondents authorities in opening suspect sheet against the 1st petitioner through C.No.08/HS/ACP-Wd/2018 dated 3.1.2028 and the 2nd petitioner through C.No.09/HS/ACP- Wd/2018 dated 3.1.2018 and still continuing the suspect sheet as illegal, contrary to law, arbitrary and violation of Articles 14,19 and 21 of the Constitution of India and consequently set-aside the same. 2. Heard Smt.M.Radha, learned counsel for the petitioners and Sri V.Farook, learned Additional Government Pleader for Home. 3. Learned counsel for the petitioners would submit that all the cases which were registered against the petitioners herein are no longer pending and the petitioners got acquitted in all the cases and therefore, continuation of the rowdy sheets against the petitioners is not in accordance with the Police Standing Order No.601. 4 4. Learned Additional Government Pleader would submit that the petitioners were involved in certain offences earlier. Though the cases are no longer pending against the petitioners at present, there is a chance that the petitioners may repeat the offences and likely to indulge in violence. 5. Admittedly, the impugned rowdy sheet was opened against the petitioners earlier with certain alleged offences. Even as per the counter affidavit, no other case is pending against the petitioners herein as on today. It is not the case of the respondents/police that the petitioners have 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 petitioners 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 5 petitioners herein, there are no other cases pending against them. 7. By virtue of the same, it can safely be inferred that the petitioners 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 sheets against the petitioners 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 sheets opened against the petitioners 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: 13.02.2025. PSK 6 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI 11 WRIT PETITION No:30591 OF 2024 Date: 13.02.2025 W PSK