IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 31229 OF 2023 Between: Gotimukkala Durga Malleswara Rao, S/o.Venkateswararao, aged about 30 years. R/o.D.No.14-134/1, Nulaka Peta Tadepalli, Guntur District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Home Department, AP Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Sub-Divisional Police Officer, North Division, Mangalagiri, Guntur District. 3. The Circle Inspector of Police, Tadepalli Police Station, Guntur District. 4. The Station House Officer, Tadepalli Police Station, Guntur district ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents No. 2 to 4 in opening the Rowdy sheet/History Sheet No. 631-C against the petitioner illegal arbitrary. Violative of AP Police Standing Order 742 and contrary to the Principles of natural justice and consequently set aside the same by directing the respondents No. 2 to 4 to close the Rowdy sheet/History Sheet No. 631-C against the petitioner in the interest of justice. as lA NO: 1 OF 2023 Petition under Section 151 CPC is filed 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 No. 2 to 4 to close the Rowdy sheet/History Sheet No. 631-C opened against the petitioner pending on the file of the 4th Respondent Police Station pending disposal of the Writ Petition. lA NO: 1 OF 2024 Petition under Rule 12 of Writ Proceedings rules, 1977 r/w Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the Counter affidavit copies on record by allowing the leave petition in the writ petition in the interest of justice. Counsel for the Petitioner: SRI SURESH KUMAR REDDY KALAVA Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER T APHC010605822023 tf IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION NO: 31229/2023 Between: 1.GOTIMUKKALA DURGA MALLESWARA RAO, S/0.VENKATESWARARAO, AGED ABOUT 30 YEARS. R/O.D.NO.14-134/1, NULAKA PETA TADEPALLI, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE SUBDIVISIONAL POLICE OFFICER, NORTH DIVISION, MANGALAGIRI, GUNTUR DISTRICT. 3.THE CIRCLE INSPECTOR OF POLICE, TADEPALLI POLICE STATION, GUNTUR DISTRICT. 4.THE STATION HOUSE OFFICER, TADEPALLI POLICE STATION, GUNTUR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR HOME (AP) The Court made the following: ■^T 2 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI #■ WRIT PETITION NO: 31229/2023 ORDER: The Writ Petition is filed under Article 226 of the Constitution in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents No. 2 to 4 in opening the Rowdy sheet/History Sheet No.631-C against the petitioner as illegal arbitrary, violative of AP Police Standing Order 742 and contrary to the principles of natural justice and consequently set aside the same by directing the respondents No. 2 to 4 to close the Rowdy sheet/History Sheet No. 631-C against the petitioner. Heard Sri K.Suresh Kumar Reddy, learned counsel for the petitioner and Sri V.Farook, learned Additional Government 2. Pleader for Home. 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 % 3 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 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 are 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 •i r T ( persons, who habitually comniit, attempt to commit, or abet the commission of offences involving a breach of the peace. 6. 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. In the light of the facts and circumstances of the case, the 8. 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. i- I 5 As a sequel thereto, the interlocutory applications, if any pending in this Writ Petition shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGIST|{AR / //TRUE COPY// SE' N OFFICER To, 1. The Principal Secretary, Home Velagapudi, Amaravathi, Guntur District.Department AP Secretariat, ^ Mangalagiri, Guntur 3. The Circle Inspector of Police, Tadepalli Police Station 4. The Station House Officer, Tadepalli Police Station 5. One CC to Sri Suresh Kumar Reddy Kalava Advocate 6. Two CCs to GP for Home, High Court of Andhra 7. Three CD Copies , Guntur District. Guntur district [OPUC] Pradesh. [OUT] TF HIGH COURT DATED:23/01/2025 a; i' ?> " i V. ORDER WP.No.31229 of 2023 ALLOWING THE W.P. WITHOUT COSTS