Allowed

Garikapati Manikanta v. the State of Ap

Andhra Pradesh HC18 Aug 2023WP/18906/2023

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the maintenance of a rowdy sheet against the petitioner after his acquittal in the underlying criminal case. The Court held that continuing the rowdy sheet amounted to an abuse of the court's process and set it aside without costs.

What did the court decide?

The rowdy sheet opened against the petitioner is set aside. There are no orders as to costs. Adjacent miscellaneous petitions stand closed.

Garikapati Manikanta Vs the State of Ap — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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WRIT PETITION NO: 18906 OF 2023

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Between:

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Garikapati Manikanta, S/o.Uma Maheswara Rao, Aged about 25 years, Occ: Private Employee, R/o.Pathebada, Behind Vedraj Theater, Eluru, Eluru District.

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...PETITIONER

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AND

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1. The State of AP, Rep. by its Principal Secretary, Home Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P.

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2. The Superintendent of Police, Eluru District, Eluru, A.P. 3. The Deputy Superintendent of Police, Eluru, Eluru District, A.P. 4. The Sub-Inspector of Police, II Town Police Station, Eluru, Eluru District, A.P.

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............... RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in continuing the Rowdy Sheet opened against the Petitioner in II Tpwn Police Station, Eluru, Eluru District, as arbitrary, illegal and unconstitutional and consequently set aside the same.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents not to interfere with the personal liberty of the petitioner except in accordance with law, pending disposal of writ petition.

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Counsel for the Petitioner: SRI I. V. N. RAJU

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Counsel for the Respondents: GP FOR HOME

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE K. SREENIVASA REDDY

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Writ Petition No.18906 of 2023

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Order;

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This Writ Petition is filed under Article 226 of the Constitution

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of India seeking the following prayer;

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"....pleased to Issue a Writ, Order or Direction, more particularly one In the nature of Writ of Mandamus, declaring the action of the Respondents In continuing the Rowdy Sheet opened against the Petitioner in H Town Police Station, Eiuru, Eiuru District, as arbitrary, illegal and unconstitutional and consequently set aside the same to pass..."

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Grievance of the petitioner is that a rowdy sheet was opened as against him for the reason that a case has been registered against him in Crime No.05 of 2017 for the offences punishable under Sections 302 read with 34 IPC and 201IPC of Eluru III Town Police Station. Police, after conducting investigation, filed charge sheet and the same was taken on file as SC No.290 of 2018 on the file of the learned II Additional District and Sessions Judge, West Godavari at Eluru and the said case ended in acquittal as against the petitioner herein. It is further stated that except the said case, no other case was registered or pending against the petitioner herein on the file of Eluru III Town

Police Station.

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It is further stated that as per APPM Order No.601, ttie following

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persons may be classified as rowdies and rowdy sheets may be opened against them under the orders of the.SP/DCP and ACP/SDPO.

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"1. 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.

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Persons bound over under Sections 106, 107, 108(1) and 110(e) and (g) of Cr.P.C.

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Persons who have been convicted more than once in two consecutive years under Sections 59 and 70 of the Hyderabad City police Act or under Section 3, Clause 12 of the AP Town Nuisances Act.

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Persons who habitually tease women and girls and pass indecent remarks including offences under Sections 354-A, B, C and 354-D IPC.

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Persons who have been charge sheeted under the offence of Rape (376, 376-A, B, C, D and E IPC).

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Persons who have been charge sheeted under the offences of POCSO Act, 2012 and Acid Attacks (326A and 326B of IPC).

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Rowdy sheets for the rowdies residing one police station area but found frequenting the other police stations area, can be maintained at all such police stations.

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Persons who intimidate by threats or use of physical violence or other unlawful means to part with movable or immovable properties or in the habit of collecting money by extortion from shopkeepers, traders and other residents including 'loan sharks'.

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I (■ J

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Persons who incite, instigate and participate in communal/caste or politicai riots.

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Persons detained under the AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 for a period of 6 months or more.

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Persons on whom charge sheets filed under the offence of assault on public servants, under Arms Act and such other offences punishable with imprisonment of 2 years or more.

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Persons on whom charge sheets filed under the offence of murder and attempt to murder (302 and 307 IPC).

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Persons on whom charge sheets filed under the offence of chain snatching.

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Persons who are convicted under the Representation of People Act, 1951 for rigging, carrying away, damaging ballot paper, boxes and polling

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material."

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Admittedly, a case was registered against the petitioner herein

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in the year 2017 and after full-fledged trial, the case ended in acquittal of the charges framed against him. When such is the case, continuation of rowdy sheet against the petitioner herein would amount to abuse of process of the Court. In view of the aforesaid facts and circumstances of the case, the 5. Writ Petition is allowed and the impugned rowdy sheet opened against

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the petitioner herein is hereby set aside. There shall be no orders as

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to costs.

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As a sequel thereto, the miscellaneous petitions, if any, pending.

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in this Writ Petition shall stand closed.

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SD/- S. SRINIVASA PRASAD ASSISTANT REGISTRAR

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//TRUE COPY// -^SECT^I^3FFiCE^

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The Principal Secretary, Home Department, State of AP, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P.

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The Superintendent of Police, Eluru District, Eluru, A.P.

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The Deputy Superintendent of Police, Eluru, Eluru District, A.P. 4. The Sub-Inspector of Police, II Town Police Station, Eluru, Eluru District, A.P. 5. One CC to Sri I. V. N. Raju, Advocate [OPUC] 6. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 7. Two C.D. Copies

: Cnr

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HIGH COURT

DATED:18/08/2023

ORDER

WP.No.18906 of 2023

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’a:
' 0 OCT 2023
* Current Seeiion^

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ALLOWING THE W.P. WITHOUT COSTS

Garikapati Manikanta v. the State of Ap

Case brief

What is this about?

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Garikapati Manikanta v. the State of Ap

Case brief

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