THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.3576 of 2008 Date: 25-09-2009 Between: G.Sambasiva Reddy … Petitioner And The Station House Officer, Gospadu Plice Station, Kurnool District. … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.3576 of 2008 ORDER: This writ petition has been filed seeking Writ of Mandamus declaring the action of the respondents in proposing to open rowdy sheet against the petitioner as arbitrary, illegal and violation of Article 21 of the Constitution of India and contrary to the provisions under standing Order No.601 of the Police Manual and consequently direct the respondents not to open rowdy sheet against the petitioner. The case of the petitioner is that he was elected Sarpanch for the period from 2001 to 2006 for Kanalapalle Village. In the year 2005 he was falsely implicated in a case under SC & ST Act and the said case is pending before the Sessions Court. Recently, the Police implicated him in another crime for the offence under Section 307 IPC. It is also submitted that a news item has been published in the daily newspaper on 21.12.2007 to the effect that the 2nd respondent, Circle Inspector, proposed for opening of rowdy-sheet against seven persons including the petitioner for which, the 3rd respondent, Deputy Superintendent of Police, accepted the proposal of the 2nd respondent. Hence, the present writ petition. On behalf of the respondents, counter affidavit has been filed by the 1st respondent, Station House Officer, stating that the petitioner was involved in two criminal cases in Crime No.129 of 2005 under Section 324 IPC and Section 3 (i)(x) of SC/ST (POA) Act and Crime No.129 of 2007 under Sections 324, 307 and 506 IPC on the file of Gospadu Police Station, which are pending. Further, it is also submitted that the proposals have been sent by the 2nd respondent to the 3rd respondent for opening of the rowdy sheet against the petitioner, since the petitioner is involved in two criminal cases, but the 3rd respondent did not accord sanction, so far. As a precautionary measure to prevent the Police from taking any action in future including the opening of rowdy-sheet, the petitioner rushed to the Court leveling baseless allegations against the respondents. As of now, no rowdy sheet is opened against the petitioner. Heard the learned counsel on either side and perused the material on record. The main grievance of the petitioner is that the respondents are proposing to open rowdy-sheet against him for which, the learned Government Pleader submitted that two criminal cases are pending against the petitioner. Therefore, the proposals have been sent by the 2nd respondent to the 3rd respondent but so far no permission is accorded by him and no rowdy-sheet is opened as of now against the petitioner. The petitioner approached before this Court to prevent the respondents from taking any action in the cases pending against him. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel, this Court is of the opinion that the respondents cannot be prevented from taking action, in accordance with law, when the cases are pending against the petitioner and so far, no rowdy-sheet is opened against the petitioner. Therefore, the petition is liable to be dismissed. Accordingly, the writ petition is dismissed, at the threshold. There shall be no order as to costs. __________________________ JUSTICE G. CHANDRAIAH Date: 25-09-2009 LSK