HON’BLE MR.JUSTICE R. SUBHASH REDDY Writ Petition No.24289 of 2010 Date: March 8, 2011 Between: Peetha Hari Prasada Rao @ Hari Babu, S/o.Lakshmi Narasimham, aged about 39 years, Occ:Fisherman, R/o.Nizampatnam Village and Mandal, Guntur District … Petitioner And The Superintendent of Police, Guntur District, Guntur and another … Respondents Order: Petitioner seeks a writ of mandamus declaring the action of respondents in opening a rowdy sheet against him on the file of Nizampatnam Police Station, Guntur District and continuing the same as illegal and arbitrary. It is the case of the petitioner that he is a fisherman by occupation and resident of Nizampatnam village and Mandal, Guntur District; in the years 1992, 2005 and 2006, he was falsely implicated in certain cases. Alleging his involvement in the said cases, respondents-Police opened rowdy sheet No.17 against him on 01-05-1992 on the file of Nizampatnam Police Station. It is his grievance that as much as he is not convicted by the competent court of law in the said cases and in absence of his involvement in any crimes thereafter, there is no justification for continuing the rowdy sheet opened against him and the said rowdy sheet, therefore, deserves to be closed. A counter-affidavit is filed by Sub-Inspector of Police, Nizampatnam Police Station, Guntur District. While furnishing the list of cases in which the petitioner was involved, it is stated in the counter-affidavit that the petitioner was involved in Cr.No.38 of 1992 registered under Section 302 of Indian Penal Code, 1860, apart from other cases and to curb and curtail his unlawful activities, rowdy sheet was opened against him in the year 1998 after obtaining permission from higher authorities and the same is being renewed from time to time. In the counter- affidavit, it is categorically stated that no fresh cases are registered against the petitioner on the file of Nizampatnam Police Station, but oral complaints were received against him that he is threatening innocent public and settling civil disputes. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing on behalf of the respondents. From the counter-affidavit filed on behalf of the respondents, it is clear that cases were registered against the petitioner upto the year 2006. The petitioner was acquitted in Cr.Nos.38 of 1992, 34 of 2004, 2 of 2005 and 18 of 2006 prior to the year 2006 itself. In remaining crimes, i.e. Cr.Nos.33 to37 of 1999, 15 to 18 of 2004 and 27 to 32 of 2006, he was bound over under Section 110 of the Criminal Procedure Code during the years 2004 to 2006. As per the Andhra Pradesh Police Standing Orders, once rowdy sheets are opened, they have to be reviewed periodically taking into account the conduct of the persons against whom rowdy sheets are opened and such rowdy sheets cannot be continued mechanically. The counter-affidavit filed on behalf of the respondents would demonstrate that the petitioner is not involved in any crimes after the year 2006 and he was tried and acquitted in the crimes earlier registered against him. In that view of the matter, there appears no justification to continue the rowdy sheet opened against the petitioner. For the foregoing reasons, I am of the considered opinion that it is evidently a fit case to quash the rowdy sheet opened against the petitioner. Accordingly, rowdy sheet No.17 opened against the petitioner on the file of Nizampatnam Police Station, Guntur District and which is being continued, is hereby quashed. Writ petition is accordingly allowed. No costs. However, it is clarified that if the petitioner involves himself in any further crimes, this order will not preclude the respondents from opening a rowdy sheet afresh against the petitioner. __________________ R. SUBHASH REDDY, J March 8, 2011 MRR