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.16689 of 2004 Between: 1 Mir Muqtar Ali, S/o. Mir Ahmed Ali, R/o. H.No. 22-2-376/377, Komatwadi, Hyderabad. 2 Mir Saber Ali, S/o. Mir Ahmed Ali, R/o. H.No. 22-1-611, Noorkhan Bazar, Hyderabad. 3 Mir Hyder Ali, S/o. Mir Ahmed Ali, R/o. H.No. 22-2-377, Komatwadi, Hyderabad. ..... PETITIONERS AND 1 The Commissioner, City Police, Hyderabad. 2 The Asst. Commissioner of Police, Mir Chowk Divn., Hyderabad. 3 The S.H.O. P.S. Dabeerpura, Hyderabad. .....RESPONDENTS 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 to issue an order or Directrion or Writ in the nature of mandamus directing the 3rd Respondent herein to close the rowdy sheets opened in the P.S. Dabeerpura, Hyderabad, in the name of these three petitioners herein ii) Costs be Awarded, iii) Any other appropriate relief be granted Counsel for the Petitioner: MR.B.V.BAKSHI Counsel for the Respondent No.: GP FOR HOME The Court made the following: Form-NIC-OGS/WP{RLD} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.16689 of 2004 ORDER: None appears for the petitioners. The petitioners seek to issue a Writ of Mandamus, directing the 3rd respondent-the Station House Officer, P.S.Dabeerpura, Hyderabad to close the rowdy sheets opened against them. Rowdy sheets have been open against the petitioners as they involved in several cases. In the additional counter, filed on behalf of respondents, it is stated that in so far as 1st and 3rd petitioners are concerned, no cases are pending as of now, and with regard to the 2nd petitioner is concerned, one case in Cr.No.92/96, under Secs.107, 110(e) of Cr.P.C. of P.S.Dabeerpura is pending. A list of cases pending earlier against petitioners is also furnished along with the counter. As per the said list, out of 23 cases, in 10 cases, the 1st petitioner was convicted; Out of 13 cases, in 3 cases, the 2nd petitioner was convicted; and out of 5 cases, in 2 cases, the 3rd petitioner was convicted. The fact remains that only one case against the 2nd petitioner is pending at present, and no cases are pending against 1st and 3rd petitioners. It is pertinent to mention that under Standing Order No.602 (2) of the A.P.Police Manual, Part-I, Volume-II, merely because a suspect/rowdy, having a history sheet, is not figuring as accused in the previous 5 years after the last case in which he was involved, it should not preclude the SP/DCP/CP to continue his history sheet if SP/DCP/CP is of the considered view 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. As there is no prohibition for renewal of the rowdy sheet against a suspect/rowdy, as stated above, it is for the authorities to consider whether the activities of the petitioners are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area at present, and take a decision in closing of rowdy sheets opened against the petitioners. In that view of the matter, the petitioners are directed to make a representation before the 2nd respondent-the Assistant Commissioner of Police, Mir Chowk Division, Hyderabad, requesting him to close the rowdy sheets opened against them, and on filing such representation, the 2nd respondent may call for the report from the 3rd respondent-the Station House Officer, P.S.Dabeerpura, Hyderabad and pass appropriate orders, keeping in view of the Standing Order No.602(2) of the A.P.Police Manual, Part-I, Volume-II. With the above observations, the Writ Petition is disposed of. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 17.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner, City Police, Hyderabad. 2 The Asst. Commissioner of Police, Mir Chowk Divn., Hyderabad. 3 The S.H.O. P.S. Dabeerpura, Hyderabad. 4 2. 2CCs to 5. 2CD copies