IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24280 of 2004 Between: Kola Prasad @ Chinni, S/o.Appa Rao, R/o.16th Ward, Kothapet, Eluru-2, West Godavari District. ..... PETITIONER AND 1 The Station House officer, C.C.S.Police Station, Eluru, West Godavari District. 2 The Superintendent of police, Eluru, West Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order, or direction, more particularly one in nature of writ of Mandamus directing the Respondents to close the Suspect sheet No.13 of 2002 on the file of 1st Respondent and consequently declare the action of the Respondents in keeping the suspect sheet No.13 of 2002 open inspite of acquittal of the petitioner by the Hon'ble principal Assistant Sessions Judge's Court, Eluru in SC.No.264 of 2002, dt.8-3-2004 as being violative Art.21 of Constitution of India and pass such other order or orders. Counsel for the Petitioner:MR.B.SUDHAKAR REDDY & ASSOCIATES Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24280 of 2004 ORDER: It is the case of the petitioner that only case registered against him in Cr.No.22 of 2000 for the offences punishable under Section 395 IPC or 412 IPC on the file of Tadikalapudi Police Station was ended in acquittal in S.C.No.264 of 2002 by order, dated 08-03-2004 on the file of the Principal Assistant Sessions Judge, Eluru, but the rowdy sheet opened against him was not closed though he was not involved in any case. A counter has been filed stating that a case in Cr.No.22 of 2000 for the offence under Sections 395 IPC or 412 IPC was registered against the petitioner on the file of Tadikakapudi Police Station and the same was ended in acquittal by the Principal Assistant Sessions Judge, Eluru, through judgment, dated 08-03-2004 in S.C.No.264 of 2002. However, mere acquittal of the petitioner in the criminal case does not automatically entitle him to close the rowdy sheet as per Police Standing Order 602 (2). In fact, there is no dispute that presently there are no cases pending against the petitioner. Further, the petitioner has not made any representation for closure of the rowdy sheet. Having regard to the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to make a representation before the Sub- Divisional Police Station for closure of the rowdy sheet. If any such representation is filed, the Sub-Divisional Police Officer may consider and dispose of the same in accordance with the Police Standing Order 602 (2) within four weeks from the date of receipt of such representation. There shall be no order as to costs. ___________ 24-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JA}