Writ petition challenging a Rowdy Sheet against the petitioner was disposed of. The court directed the petitioner to submit a representation within 10 days for appropriate action to be taken thereafter.
Petition disposed of; petitioner advised to submit representation within 10 days for further action.
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THE HON'BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.7231 of 2018
ORDER :
In the present writ petition, challenge is to the action of opening and continuing of Rowdy Sheet against the petitioner.
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petitioner. It is also significant to note that Cr.No.317 of 2015 registered against the petitioner ended in acquittal and Cr.No.53 of 2017 is pending for trial and there is no conviction recorded against the petitioner till date. Since the provisions of PSO 601 are penal in nature, strict adherence to the said provisions is mandatory. Unless the necessary ingredients are present, the police authorities shall not open Rowdy Sheet against an individual which offends his constitutional right under Articles 14 and 21 of the Constitution of India. While invoking the provisions of PSO 601 for opening of Rowdy Sheet lot of care and caution and circumspection are required to be observed and Rowdy sheet cannot be opened in a mechanical and routine manner.
______________ A.V.SESHA SAI, J
Date: 3.12.2018 DA
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THE HON’BLE SRI JUSTI CE A.V.SESHA SAI
W.P.No.7231 of 2018
3.12.2018
DA
2 issues framed by the court
Whether opening and continuing a Rowdy Sheet against the petitioner violates Articles 14 and 21 in the absence of conviction.
Whether strict adherence to Police Standing Order 601 is mandatory for opening a Rowdy Sheet.
4 provisions across 2 enactments
Petitioner
Government Pleader for Home
A.V.SESHA SAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
