IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 21946 of 2004 Between: Gaddem Behher @ Benher @ Chittibabu, S/o. G.S. Jayakar, Hindu, R/o. D.No. 12-2-505, Guddimalkapur, Mehidipatnam, Hyderabad. ..... PETITIONER AND 1 The Station House Officer, Asifnagar Police Station, Asifnagar, Hyderabad. 2 The State of Andhra Pradesh, Rep. by its Secretary, Department of Home, Secretariat, Hyderabad. .....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 the nature of Writ of Mandamus or any other appropriate writ, declaring the action of the respondents in opening Rowdysheet/C,D,C, against the petitioner is illegal, improper, unjust, contrary to law and violative of Art. 21 of the Constitution of India and it is further consequentially prayed that this Hon'ble Court may pleased to direct the Ist respondent to discontinue/close the rowdy Sheet/C,D,C against the petitioner Counsel for the Petitioner:MR.S.R.SANKU & KAVITI MURLI KRISNA Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.21946 of 2004 ORDER: Petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents in continuing rowdy sheet against him as illegal and arbitrary, though the criminal cases filed against him are ended in acquittal. It is stated that the petitioner was convicted only in one case and was sentenced to undergo rigorous imprisonment for five months in Cr.No.140 of 1994 for the offences punishable under Sections 457 and 380 I.P.C. of Humayun Nagar Police Station vide C.C.No.389 of 1994 on the file of the IX Metropolitan Magistrate, Hyderabad. In another case in Cr.No.46 of 2000 for the offences punishable under Sections 324 and 354 IPC on the file of Asifnagar Police Station, the case was compromised in Lokadalat. In another case in Cr.No.181 of 2000 for the offence punishable under Section 41 (a) (2) Cr.P.C. of Asifnagar Police Station, he was bound over for a period of two years from 03-08-2000 and the two years period is already over. Therefore, the rowdy sheet opened against the petitioner cannot be continued. Learned Government Pleader appearing for the respondents submits that as per Police Standing Order 602 (2) merely because a suspect/rowdy, having a history sheet, is not figuring as accused in the pervious five years after the last case in which he was involved, it should not preclude the authorities to continue his history sheet, if the authorities is of the considered opinion that his activities are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area or the victims are not coming forward to give complaint against him on account of threat from him. In view of the aforesaid facts and circumstances of the case, I am of the opinion that it is for the authorities concerned to consider about continuance or discontinuance of rowdy sheet in accordance with the provisions of Police Standing Order 602 (2). 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 concerned Assistant Commissioner of Police and on filing such representation, the concerned Assistant Commissioner of Police may call for the remarks from the 1st respondent and pass appropriate orders in accordance with the Police Standing Order 602 (2). There shall be no order as to costs. ___________ 17-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}