APHC010396302019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] THURSDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No: 19013/2019 Between: 1. PILLI ANIL KUMAR,, S/O. YESUDASU, HINDU, AGED ABOUT 47 YEARS, OCC- PRIVATE SERVICE, R/O 63- 9/11, GURAM STREET, GANDHI NAGAR, VIJAYAWADA - 13. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, ANDHRA PRADESH, KOLANUKONDA, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT, GOVERNMENT RAILWAY POLICE, GANDHI NAGAR, VIJAYAWADA CITY, KRISHNA DISTRICT. 4. THE ASSISTANT COMMISSIONER OF POLICE, CENTRAL, VIJAYAWADA CITY, KRISHNA DISTRICT. 5. THE STATION HOUSE OFFICER, MACHAVARAM POLICE STATION, VIJAYAWADA CITY, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. DEVADASS BALANTHA 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: 19013/2019 O R D E R: The Writ Petition is filed under Article 226 of the Constitution to issue an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in opening and continuing the suspect sheet No.8 in SI.No.1 on the file of Railway Police Station, Tenali, Guntur District, now transferred to 5th respondnet-Police Station as illegal, arbitrary and un-constitutional and consequently direct the respondent to close and to quash the suspect sheet No.8 in SI.No.1 on the file of Railway Police Station, Tenali, Guntur District, dated 29.09.2002 now transferred to 5th respondent- Police Station. 2. Heard Sri B.Devadas, learned counsel for the writ petitioner and Sri R.Mallikarjuna Rao, 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 longer pending and the petitioner got acquitted in all the cases and therefore, continuation of the suspect sheet against the 3 petitioner is not in accordance with the Police Standing Order No.601. 4. Learned Additional Government Pleader for Home would submit that the petitioner was involved in certain offences earlier which were mentioned in the counter-affidavit of the 4th respondent and they were ended in acquittal. 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 suspect sheet was opened against the petitioner earlier with certain alleged offences. Even as per the counter affidavit, the said cases were ended in acquittal and 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 he was 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 4 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. 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 he abetted the commission of offence involving breach of peace nor were he responsible for causing disturbances to public order or security. When such is the case, continuation of suspect 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 suspect 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 As a sequel thereto, the interlocutory applications, if any, pending in this Writ Petition shall stand closed. _______________________ ____ JUSTICE B.V.L.N. CHAKRAVARTHI Dated: 04.12.2025. PSK 6 THE HONOURABLE SRI JUSTICE B.V.L.N. CHAKRAVARTHI 13 WRIT PETITION No: 19013 OF 2019 Date: 04.12.2025 W PSK