IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 19617 of 2009 Between: Yanamadhula Vikram . .Petitioner And Sub Inspector of Police, Khammam II Town Police Station, Khammam and others. .. Respondents THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO.19617 OF 2009 ORDER: The petitioner filed this writ petition under Article 226 of the Constitution of India, seeking a writ of Mandamus to declare the action of the respondents in opening rowdy sheet No.6 in the name of the petitioner in the II Town Police Station, Khammam by the 1st respondent pursuant to the order dated 08.11.2002 in proceeding No.892/SDO/KMM/2002 passed by the second respondent and calling the petitioner frequently to the police station is arbitrary and illegal and consequently direct the respondents to remove the rowdy sheet opened in the name of the petitioner. The learned Assistant Government Pleader, on instructions, submitted that the petitioner is a habitual offender and in all there are about 5 cases registered against the petitioner and thus, it necessitated the respondents to open the rowdy sheet. Heard the learned counsel for petitioner and the learned Assistant Government Pleader for respondents. May be it is true that five cases were registered against the petitioner and that was the only reason for opening of a rowdy sheet against him in the year 2002. But, from a perusal of the instructions, got filed by the learned Assistant Government Pleader, it is apparent that the case in Crime No.167 of 2000, on the file of 1st respondent registered for the offences punishable under Sections 143, 341, 427 read with 149 of I.P.C, Section 4 of PDPP Act, 1984 and Section 7(1) of Criminal Law Amendment Act, 1932, was compromised before the I Additional Judicial First Class Magistrate, Khammam. In Crime No.168 of 2000, on the file of the 1st respondent registered for the offences punishable under Sections 143, 341, 427 read with 149 of I.P.C, Section 4 of PDPP Act, 1984 and Section 7(1) of Criminal Law Amendment Act, 1932, the petitioner was acquitted on 08.11.2006 by the competent criminal Court. In Crime No.7 of 2002, on the file of 1st respondent registered for the offences punishable under Sections 143, 341, 353, 427 read with 149 of I.P.C, the petitioner was acquitted by the learned I Additional Judicial First Class Magistrate, Khammam, vide judgment dated 28.08.2008. Crime No.52 of 2002 was also registered by the 1st respondent against the petitioner for the offences punishable under Sections 452, 427, 506 read with 34 of I.P.C. and Section 7(1)(a) of Criminal Law Amendment Act, 1932 and the same was ended with a compromise on 25.04.2002 in the Court of the learned I Additional Judicial First Class Magistrate, Khammam. The only case that is pending as on date against the petitioner is Crime No.45 of 2009, on the file of the Mandal Executive Magistrate registered for the offence punishable under Section 110 of Cr.P.C. on the file of Mandal Executive Magistrate, Khammam and by now seven months have been elapsed from the date of registration. In the light of the above circumstances, this Court is of the view that there is no need to continue the rowdy sheet No.6, which was opened against the petitioner in the year 2002. Accordingly, this Writ Petition is allowed and the respondents are hereby directed to close the rowdy sheet, which was opened against the petitioner. No order as to costs. ________________________ GOPALA KRISHNA TAMADA, J October 05, 2009 KSH