THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8697 of 2007 DATE:21.10.2009 Between: Meesala Suresh Babu ... Petitioner and The Deputy Superintendent of Police, Kasibugga, Srikakulam District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8697 of 2007 ORDER: This writ petition is filed by the petitioner seeking a Writ of Mandamus to declare the action of the respondents in opening a rowdy sheet against him, as illegal and arbitrary, and consequently, to direct them to close the rowdy sheet. 2. According to the petitioner, he has applied for Visa for the purpose of higher education in U.S.A. But, he could not leave for U.S.A., because of implication of his entire family including himself in Crime No.81 of 1998 of Kasibugga Police Station, for the offences under Sections 147, 148, 302, 120-B r/w Sections 149 and 34 IPC and Sections 25 and 27 of the Arms Act, due to village politics and subsequently, the case was ended in acquittal vide S.C.No.104/2001. Basing on the above crime, a rowdy sheet was opened against him in the year 2000 which resulted in harassment by the police as they are continuously monitoring his whereabouts and they are also coming to his house at odd hours and calling him to the pllice station and confining him there for hours together without there being any crime. Being aggrieved by the same, he filed the present writ petition. 3. A detailed counter-affidavit has been filed by the 2nd respondent, wherein it is stated that the following cases have been registered against the petitioner: Crime No. Section of law Remarks. 81 of 1998 of Kasibugga P.S. 147,148, 302 r/w 149 IPC and sections 25 and 27 of Arms Act The case was ended in acquittal vide S.C.No.104 of 2001 169 of 2000 448, 506, 324 r/w 34 IPC Compromised on 8.9.2000 63 of 2001 25(1)(b)(a) of Arms Act The case was ended in acquittal vide C.C.No.158 of 2002 on 4.1.2005 122 of 2001 448, 427, 506(2) r/w 34 IPC Compromised before Lokadalat on 28.7.2001 vide C.C.No.159 of 2001 123 of 2001 448, 427(2) r/w 34 IPC Compromised before Lokadalat on 28.7.2001 vide C.C.No.160 of 2001 139 of 2001 110(e) Cr.P.C. The petitioner was bound over for keeping good behaviour for a period of six months. 107 of 2002 110(e) Cr.P.C. The petitioner was bound over for keeping good behaviour for a period of six months. 40 of 2004 110(e) Cr.P.C. The petitioner was bound over for keeping good behaviour for a period of six months. 97 of 2006 110(e) Cr.P.C. The petitioner was bound over for keeping good behaviour for a period of six months. 4. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Home. 5. From the counter-affidavit filed by the 2nd respondent, it is clear that there is involvement of the petitioner in nine cases. So far as Crime Nos.81 of 1998 and 63 of 2001 are concerned, the petitioner was acquitted. So far as Crime Nos.169 of 2000, 122 of 2001 and 123 of 2001 are concerned, both the parties compromised the matters before the lokadalat. In so far as the other crimes are concerned, they cannot be existing as of date, as they were registered about eight years ago. 6. In the light of the above discussion, as no case is pending against the petitioner, this Court is of the view that the rowdy sheet opened against the petitioner on 18.11.2000 is liable to be quashed. 7. Accordingly, this writ petition is allowed, and the rowdy sheet opened against the petitioner on 18.11.2000 by Kasibugga P.S. is hereby quashed. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 21st October, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.8697 of 2007 (Allowed) 21st October, 2009 CBS