Disposed

Nallagorla Srinivas Rao at Bullabbai, v. The State of Andhra Pradesh

Andhra Pradesh HC17 Oct 2022WP/405/2022

Case brief

AI extract

What is this about?

In this writ petition challenging the opening and continuation of a Rowdy Sheet, the High Court directed the petitioner to submit a representation to the 2nd respondent for consideration within two weeks to determine the legality and validity of the proceedings.

What did the court decide?

Liberty granted to submit a representation within two weeks for consideration by the 2nd respondent.

Nallagorla Srinivas Rao at Bullabbai, Vs The… — Writ and Judicial Review | Andhra Pradesh HC (2022)

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THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO WRIT PETITION No. 405 of 2022

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ORDER :

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The petitioner prays for writ of mandamus declaring the action of the respondents 2 and 3 in opening Rowdy Sheet against the petitioner vide proceedings in C.No.38/BCs/SDPO-NORTH /GTR (U)/2019, dated 22.08.2019 in Rowdy Sheet (H.S.No.861-B)

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as illegal, arbitrary and contravention of provisions of the Order 601 of A.P Police Manual and Order 742 of A.P Police Standing Orders and also in violation of Articles 14, 19, and 21 of the Constitution of India and consequently direct the respondents to quash the aforesaid Rowdy Sheet proceedings.

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2. Heard .

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3. As can be seen, the 2^nd respondent issued proceedings in C.No.38/BCs/SDPO-NORTH /GTR (U)/2019, dated 22.08.2019 to open Rowdy Sheet against the petitioner and some others who were involved in Crime No.207 of 2019 of Mangalagiri Town Police Station which was registered U/s 302, 201, 109, 120-B, 147,

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148 r/w 149 IPC. After investigation the charge-sheet was filed against 13 accused including the petitioner before the Additional Junior Civil Judge, Mangalagiri vide P.R.C.No.32/2019. It is the case of the petitioner that he is an innocent and his name was not shown in the FIR but the police have implicated him later and the charge-sheet came to be filed against him also. His further case is that there are no other cases pending against him and he is law abiding citizen. Since four years, he has been unnecessarily summoned to police station every now and then which causes any amount of hardship and inconvenience to him.

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3. Admittedly, the Rowdy Sheet is being continued against the petitioner since 2019. Therefore, in my considered view, the petitioner shall be given an opportunity to make a representation to the 2^nd respondent to consider his case.

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4. Accordingly, the writ petition is disposed of giving liberty to the petitioner to submit a representation to the 2^nd respondent within two weeks from the date of receipt of a copy of this order in which case, the 2^nd respondent shall consider the same and if necessary after affording a personal hearing to the petitioner, pass

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an appropriate order in accordance with governing law and rules within four weeks from the date of receipt of representation and communicate the order to the petitioner. No costs.

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As a sequel, interlocutory applications pending, if any, shall stand closed.

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__________________________ U. DURGA PRASAD RAO, J

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17.10.2022 krk

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THE HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

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WRIT PETITION No. 405 of 2022

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17^th October, 2022

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krk

Nallagorla Srinivas Rao at Bullabbai, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Nallagorla Srinivas Rao at Bullabbai, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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