Allowed

Marupilli Rama Rao, v. The State of Andhra Pradesh

Andhra Pradesh HC19 Jul 2022WP/17917/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the Court held that Police Standing Orders governing rowdy sheets were void. Relying on a prior batch judgment, the Court declared the continuation of the petitioner's rowdy sheet illegal and unconstitutional, ordering its closure.

What did the court decide?

The impugned rowdy sheet bearing C.No.45/History Sheet/ACP-NORTH/2017 is ordered to be closed forthwith.

Marupilli Rama Rao, Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No.17917 of 2021

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ORDER:-

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This Writ Petition for mandamus is filed to declare the action of respondents in not closing the rowdy sheet bearing C.No.45/History Sheet/ACP-NORTH/2017, dated 21.12.2017, as illegal, arbitrary and unconstitutional and consequently prayed to close the said rowdy sheet opened against the petitioner.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home.

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Earlier a case in Crime No.303 of 2013 was registered against the petitioner in Bheemunipatnam Police Station, Visakhapatnam City, for the offences punishable under Sections 447, 427 and 506 IPC and after investigation, charge sheet was filed in C.C.No.301 of 2015 in the trial Court. Along with the said crime, another three crimes were also registered against the petitioner. He was acquitted in two crimes and the trial in other two crimes is still pending. Section 107 Cr.P.C proceedings have been initiated against the petitioner earlier. During the pendency of the said cases, the impugned rowdy sheet was opened against the petitioner.

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Now, the grievance of the writ petitioner is that even after his acquittal in two crimes and after closing the proceedings under Section 107 Cr.P.C that the police did not close the said rowdy sheet till now.

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The 4^th respondent filed counter stating that still the petitioner is facing trial in two crimes and earlier Section 107

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Cr.P.C proceedings were initiated against him to keep good behaviour. Therefore, as the activities of the petitioner are prejudicial to the interest of the public that the rowdy sheet is being continued. Therefore, it is prayed to dismiss the Writ Petition.

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Learned counsel for the petitioner would submit that the continuation of the rowdy sheet is contrary to the Police Standing Orders. Therefore, he would pray for quash of the said rowdy sheet.

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Learned Assistant Government Pleader for Home reiterated the pleas taken in the counter and would submit that as still two cases are pending against him and as his activities are prejudicial to the interest of the public that the rowdy sheet is being continued. So, he would pray for dismissal of the Writ Petition.

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Admittedly, Section 107 Cr.P.C proceedings initiated against the petitioner are closed and they are not in force. Admittedly, he was acquitted in two crimes. The pendency of the other two crimes cannot be a valid ground for continuation of the rowdy sheet. Moreover, this court, as per recent judgment, dated 15.07.2022, passed in Writ Petition No.21247 of 2016 and batch, held that the Standing Orders of A.P. Police Manual and the A.P. Standing Orders to the extent of opening and continuing rowdy sheet, suspect sheet and history sheet etc., and keeping surveillance on the individuals on the basis of the said rowdy sheets opened in terms of Chapter 37 of the said Standing Orders is void and thereby directed the police to close all the rowdy sheets opened in the said batch matters against the petitioners therein forthwith.

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Therefore, as this Court declared the very Police Standing Orders and the Police Manual relating to opening of rowdy sheet as void, the continuation of the rowdy sheet against the petitioner is not sustainable under law.

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Therefore, the Writ Petition is allowed declaring the action of the respondents in continuing the said rowdy sheet against the petitioner as illegal and unconstitutional. Consequently, the impugned rowdy sheet opened against the petitioner is hereby ordered to be closed forthwith. No costs.

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Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.

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______________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date: 19.07.2022 AKN

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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WRIT PETITION No. 17917 of 2021

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