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Akula Phani v. The State of Andhra Pradesh

Andhra Pradesh HC16 Dec 2022WP/33185/2022

Case brief

AI extract

What is this about?

This Court directed the 3rd respondent to close the suspect sheet against the petitioner, who had been acquitted in all charged cases over 10 years ago. The Court held that Police Standing Orders prescribe a five-year outer limit and there was no material to continue the sheet.

What did the court decide?

Directed the 3rd respondent to close the suspect sheet against the petitioner.

Akula Phani Vs The State of Andhra Pradesh — Andhra Pradesh HC (2022) — LawSathi Research

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.33185 of 2022

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ORDER:

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The petitioner was accused in eight crimes in the year 2012. On account of these crimes a suspect sheet was opened against the petitioner. The petitioner has now approached this Court to direct the 5^th respondent to close the suspect sheet. It is the contention of the petitioner that he has been acquitted in all the cases and no case has been registered against the petitioner for the past 10 years.

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The 3^rd respondent has filed a counter affidavit, in which it is admitted that no cases have been registered against the petitioner after 2012. It is also admitted that the petitioner has been acquitted in all the cases registered against him earlier, with the last acquittal being on 13.11.2015. However, the 3^rd respondent submits that mere absence of any pending cases would not automatically entail closure of suspect sheets and relies upon Police Standing Order 602(2) which states that a rowdy sheet need not be closed merely because the suspect has not figured as an accused in the previous five years.

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In view of the fact that the Police Standing Orders themselves prescribe a period of five years as the outer limit for such situation, there does not appear to be any material before the respondents to continue the suspect sheet against the petitioner.

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W.P.No.33185 of 2022

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In the circumstances, the 3^rd respondent is directed to close the suspect sheet against the petitioner. However, this order shall not preclude the 3^rd respondent from reopening the suspect sheet in the event of the petitioner being involved in any further crime. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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_________________________ R. RAGHUNANDAN RAO, J.

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16^th December, 2022 Js.

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RRR,J 3 W.P.No.33185 of 2022

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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W.P.No.33185 of 2022

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16^th December, 2022

¶17

Js.

Akula Phani v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Akula Phani v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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