Allowed

Gonuguntla Rakesh v. the State of Andhra Pradesh

Andhra Pradesh HC27 Mar 2024WP/5483/2024

Case brief

AI extract

What is this about?

A Writ Petition challenging the legality of a suspect sheet maintained against the petitioner despite acquittal in all registered cases. The Court held that with no pending cases and the petitioner not fitting the criteria of a habitual offender, the continuation of the suspect sheet constituted an abuse of process.

What did the court decide?

Quashed the impugned Suspect Sheet No. 699 opened against the petitioner and directed no orders as to costs.

Gonuguntla Rakesh Vs the State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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THURSDAY,THE TWENTYEIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SREENIVASA REDDY

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WRIT PETITION NO: 5483 OF 2024

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Between:

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Gonuguntia Rakesh, S/o. G.Ramaiah, Aged about 40 years,^R/o.D.No. 1/1266-1, Poosala Street, Yerramukkpalli, YSR (Kadapa)^District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Represented by its Principal Secretary Department of Home, Secretariat Building, Velagapudi, Amaravati, Guntur District, Andhra Pradesh.

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The Director General of Police, Andhra Pradesh.

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The Superintendent of Police, YSR (Kadapa) District,^{AndhraPradesh}

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The Deputy Superintendent of Police, Kadapa, YSR (Kadapa) District Andhra Pradesh.

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The Station House Officer, 1 Town U/G Police Station, Kadapa, YSR (Kadapa) District, Andhra Pradesh.

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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 or order or direction more particularly one in the nature of Writ of Mandamus declaring action of the respondents more particularly respondent No.3 to 5 in opening and continuing the suspect sheet against the petitioner as suspect No. 699 is illegal, arbitrary, unconstitutional and in violation of principles of natural justice and consequently quash/set aside suspect sheet pending against the petitioner as suspect No.699.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents more particularly respondent No.3 to 5 not to harass the petitioner by calling to the police station, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI SHAIK MOHAMMED ISMAIL

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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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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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THURSDAY, THE TWENTY EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURAEiLE SRI JUSTICE K. SREENIVASA REDDY

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WRIT PETITION NO:5483 OF 2024

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Between:

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Gonuguntia Rakesh, S/o. G.Ramaiah, 40 years, R/o.D.No. 1/1266-1, Poosala Street, Yerramukkpalli, YSR (Kadapa) District. ... Petitioner

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And

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The State of Andhra Pradesh, represented by its Principal Secretary Department of Home, Secretariat Building, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

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The Director General of Police, Andhra Pradesh.

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The Superintendent of Police, YSR (Kadapa) District, Andhra Pradesh.

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The Deputy Superintendent of Police, Kadapa, YSR (Kadapa) District, Andhra Pradesh.

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The Station House Officer, I Town U/G Police Station, Kadapa, YSR (Kadapa) District, Andhra Pradesh. ... The Court made the following:

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... Respondents

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ORDER

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This Writ Petition is filed to declare the action of the respondents herein in opening and continuing the Suspect Sheet No.699, dt.12.10.2015 against the petitioner herein, as illegal and arbitrary.

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Case of the Writ Petitioner, in brief, is that a case in Crime No.221 of 2016 of I Town Police Station, Kadapa was registered against the petitioner herein for the offences punishable under Sections 143, 307, 353 read with 34 IPC and Section 20 (b) (ii) (C) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. Later, charge sheet was filed and it was taken on file as Sessions Case No.451 of 2017 on the file of the I Additional District and Sessions Judge, Kadapa. Subsequently, on 04.09.2019 the said case ended in acquittal.

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Besides that, the petitioner herein was arrayed as^accused in Crime Nos.326 and 428 of 2015 and Crime No.221 of 2016, I Town U/G Police Station, Kadapa and Crime No.54 of 2017 of Kodur Police Station. Taking advantage of registration of above said crimes, the respondent No.4 opened a Suspect Sheet vide No.699 on 12.10.2015 vide R.C.N0.33/SS/SDPO-KDP/15 of SDPO, Kadapa. Even though the crime ended in acquittal, the respondents are not taking any steps to close the suspect sheet. Hence, he filed the present^{WritPetition.}

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A counter affidavit has been filed by respondent No.4 stating that STC No.1051 of 2015 was registered on the file of the I Special Judicial Magistrate of the Second Class, Kadapa, pertaining^toCrime No.224 of 2015 of I Town U/G Police Station, YSR Kadapa District against the petitioner herein for the offence punishable under^Section9

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(1) of the Andhra Pradesh Gaming Act, 1974 (Matka)^and in the said case, on 22.07.2015, the petitioner herein was convicted^underSection 252 CrPC.

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Similarly, S.T.C.Nos.399 of 2016, 1396 of 2016 on the^fileofthe I Special Judicial Magistrate of the Second Class, Kadapa was registered against the petitioner herein pertaining^{toCrimeNos.326} and 448 of 2015 of I Town U/G Police Station, YSR Kadapa District, respectively for the offence punishable under Section⁹ (1) of the Andhra Pradesh Gaming Act, 1974 (Matka).

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It is further submitted in its counter-affidavit that^a case in Crime No.221 of 2016 was registered in I Town U/G Police^Station,YSR Kadapa District against the petitioner herein for the offences punishable under Sections 143, 307, 353 read with 34^{IPCandSection} 20 (b) (ii) (c) read with Section 8 (c) of the Narcotic^Drugsand Psychotropic Substances Act, 1985 and charge sheet^{wasalsofiledand} the same was taken on file as Sessions Case No.451^{of2017onthefile} of the I Additional District and Sessions Judge, Kadapa.^Thesaidcase ended in acquittal on 04.09.2019.

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It is further submitted that a case in Crime No.54^of2017was registered against the petitioner herein for the offences^punishable under Sections 307, 353, 420 read with 34 IPC and Section 9 (1) of the Andhra Pradesh Gaming Act, 1974 (Matka) and it was^{takenonfileas}

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Sessions Case No.248 of 2019 on the file of the Principal^SeniorCivil Judge, Rajampet and the said case ended in acquittal^{on28.08.2023.}

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It is the contention of respondent No.4 that to curb^andcurtail the unlawful activities of the petitioner herein in the vicinity, the SHO, I Town U/G Police Station, YSR Kadapa District, opened Suspect Sheet No.699 on 12.10.2015 against the petitioner herein after getting permission from the Sub-Divisional Police Officer, Kadapa District, vide C.N0.33/S.S/SDPO-KDP/15, dated 12.10.2015, and subsequently^the said suspect sheet is revised from time to time.

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It is further stated that as per the APPM Order No.600 (1), the following persons may be classified as suspects and history sheets may be opened for them under the orders of the SP/DCP and ACP/SDPO.

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w:I. Persons convicted under any section of the Indian Penal Code, 1860, who are considered likely to commit crime again. Persons not convicted but believed to be addicted to crime. iii. Members of criminal gangs or organized criminal syndicates who have been charge sheeted.

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IV. Communal and Caste activists who are known to instigate, organize violence or spark off communal or caste riots.

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V. Smugglers, hoarders, black marketers and for professional land grabbers, boot legers, sand smugglers, persons charged under the Money Laundering Act, 2002.

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VI. Assault on public servant.

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VII. Attempt to murder (307 IPC), Murder (302 IPC)

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VIII. Chain snatching.

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V. r-

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IX. Extended under City Police Act/other Acts like Anti-Social Hazardous Activities (Prevention) Act, 1980.

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X. Extended under Anti-Social Activities, Hazardous Activities (Prevention) Act, 1980 and other Acts

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XI. Rape cases U/s. 376 IPC & 376A, C, D, E of IPC.

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XII. Trafficking cases U/s. 370, 370A, 366A, 366B, 372,^373IPC including the sections in the Immoral Traffic Prevention Act, 1956.

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XIII. Cases of POCSO (The Protection of Children from Sexual Offences Act, 2012).

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XIV. Cases under Sections 354, 354A to 354D, 326A, 3268^IPC.

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XV. Listed accused in Multi-Level Marketing Cases/White-collar crime.

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XVI. Persons charged under the Unlawful Activities (Prevention) Act, 1967.

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It is further stated in the counter affidavit that except the above mentioned cases, no other case was registered or pending against the petitioner herein on the file of I Town U/G Police Station, Kadapa, YSR Kadapa District.

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Heard both sides. Perused the material on record.

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The Writ Petitioner is running R.K.M. Enterprises (Harware^and House construction material shop) at Professors' Colony, Kadapa. In the year 2015, Crime Nos.224, 326, 448 of 2015 are registered in I Town U/G Police Station, Kadapa against the petitioner^hereinforthe offence punishable under Section 9 (1) of the Andhra Pradesh Gaming Act, 1974 (Matka) and all those crimes ended in acquittal vide

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Judgments in STC No. 1051 of 2015, dated 22.07.2015;^STCNo.399of 2016, dated 15.02.2016 and STC No. 1396 of 2016, dated^15.02.2016 on the file of the I Special Judicial Magistrate of the Second Class, Kadapa, respectively.

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It is also evident that Crime No.221 of 2016 of I Town U/G Police Station, Kadapa registered for the offences punishable under Sections 143, 307, 353 read with 34 IPC and Section 20 (b) (ii) (c) read with Section 8 (c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 which was taken on file as Sessions Case No.451 of 2017 on the file of the I Additional District and Sessions Judge, Kadapa and also Crime No.54 of 2017 registered for^the offences punishable under Sections 307, 353, 420 read with 34 IPC and Section 9 (1) of the Andhra Pradesh Gaming Act, 1974 (Matka) of Koduru PS, which was taken on file as Sessions Case No.248 of 2019 on the file of the Principal Senior Civil Judge, Kadapa also ended in acquittal on 04.09.2019 and 28.08.2023, respectively.

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Admittedly, as per the counter affidavit, no case is pending against the petitioner herein as on today. It is not^thecaseofthe respondent police that the petitioner has been shown^as accused in any other case or he was directed to bind over under Section 107 CrPC. Going by the Police Standing Order No.601, the petitioner would not come within the purview of any of the clauses mentioned^therein.

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Clause 1 of the Police Standing Order No.601 contemplates^thatrowdy

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sheets may be opened against the 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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In the present case on hand, except the above mentioned cases, no other cases are pending against the petitioner. By virtue of the same, it can safely be inferred that the petitioner^{hereinwouldnot} come within the purview of habitual offender. Neither^heabettedthe commission of offences involving breach of peace nor he was responsible for causing disturbances to public order^orsecurity. When such is the case, continuation of suspect sheet against^{thepetitioner} herein would amount to abuse of process of the Court.

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In view of the aforesaid facts and circumstances of the case, the Writ Petition is allowed and the impugned suspect sheet^opened against the petitioner herein, is hereby quashed. There shall be no orders as 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/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTI&OFFICER

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To, 1. The Principal Secretary Department of Home, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

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The Director General of Police, Andhra Pradesh.

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The Superintendent of Police, YSR (Kadapa) District,^{AndhraPradesh} 4. The Deputy Superintendent of Police, Kadapa, YSR (Kadapa) District, Andhra Pradesh.

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The Station House Officer, 1 Town U/G Police Station, Kadapa, YSR (Kadapa) District, Andhra Pradesh.

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One CC to Sri Shaik Mohammed Ismail, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT]

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Two CD Copies

RAM

MBT

HIGH COURT

V „ V

DATED: 28/03/2024

ORDER

WP.No.5483 of 2024

I ((Topics :1a!

ALLOWING THE WP WITHOUT COSTS

Gonuguntla Rakesh v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Gonuguntla Rakesh v. the State of Andhra Pradesh

Case brief

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