Thalluri Koti Babu , Ajay v. The State of Andhra Pradesh
Case brief
What is this about?
Petitioner challenged removal from a rowdy-sheet linked to a 2003 IPC 376 case. Court directed submission of application to 3rd respondent within 10 days. Respondent must act within six weeks.
What the court decided
HON’BLE SRI JUSTI CE A.V.SESHA SAI
W .P.No.4 5 7 2 8 of 2 0 1 8
ORDER : -
Opening of a rowdy-sheet against the petitioner herein on the basis of registration of crime No.19/ 2003 on the file of Thulluru Police Station, for the alleged offence under Section 376 I.P.C., in the year 2003, is under challenge in the present Writ Petition.
According to the petitioner, the case was transferred to Juvenile Justice Court, Guntur, and thereafter, the petitioner did not receive any summons from the said Court. It is also the case of the petitioner herein that requesting for deletion of his name from the rowdy-sheet, he made a representation to the 3rd respondent on 30.10.2018 but no action has been taken on the said representation.
On the other hand, learned Government Pleader submits that there is no proof to show that such a representation was made to the 3rd respondent.
During the course of argument, it is submitted by the learned Counsel for the petitioner that unless the necessary ingredients of Police Standing Order 601 are present in a given case, the rowdysheet cannot be opened in a routine manner.
Having heard the learned Counsel for the petitioner and the learned Government Pleader, this Court deems it appropriate to dispose of the Writ Petition, leaving it open for the petitioner herein to submit an appropriate application/ representation to the 3rd respondent herein for redressal of his grievance, within a period of ten days from the date of receipt of a copy of this Order, and if any such application/ representation is made, within the time stipulated
Issues for consideration
2 issues framed by the court
Whether the petitioner's challenge to the opening of a rowdy-sheet based on an alleged 2003 offence under Section 376 IPC is meritorious.
Whether the petitioner's representation for deletion of his name from the rowdy-sheet was properly examined for necessity of ingredients under Police Standing Order 601.
Parties & counsel
- petitioner
Petitioner
- respondent
3rd Respondent
Coram
A.V.Sesh a Sai
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · December
- Registered
- Case no.
- WP/45728/2018
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