IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 27101 of 2007 Between: V.Rama Krishna S/o Venkateswara Rao, Velagapudi Village, Thullur Mandal, Guntur District. ..... PETITIONER AND 1 the Superintendent of Police, Guntur District, Guntur. 2 The Sub-Divisional Police Officer, Guntur Rural, Guntur, Guntur District. 3 The Station House officer, Thallur P.S., Thallur, Guntur District. .....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 declaring the impugned proceedings of the 2nd respondent in C.No.819/SDPO-GR/2007 dt.20-08-2007 is illegal, contrary to law, unconstitutional being violative of Articles 14, 19 and 21 of Constitution of India and consequently set aside the impugned proceedings including the consequential rowdy sheet if any opened by the respondents in the interest of justice and to pass such other orders. Counsel for the Petitioner : MR. C.V.R.RUDRA PRASAD Counsel for the Respondents : GP FOR HOME The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.27101 OF 2007 ORDER : This writ petition is ﬁled seeking a declaration that the proceedings of the 2nd respondent - Sub-Divisional Police Oﬃcer, Guntur Rural dated 20.08.2007 permitting the 3 rd respondent to open rowdy-sheet against the petitioner as arbitrary and illegal. Though the fact that Cr.No.109 of 2004 and Cr.No.82 of 2006 on the ﬁle of Tullur P.S. were registered against the petitioner is not in dispute, the petitioner submits that the allegations on the basis of which the said crime were registered did not warrant opening a rowdy-sheet under A.P. Police Standing Orders and at any rate the said cases were also closed and therefore the impugned order is not justified. However, in the counter-aﬃdavit ﬁled on behalf of the respondents, it is stated that apart from Cr.No.109 of 2004 and Cr.No.82 of 2006, Cr.No.95 of 2006 was also registered against the petitioner and the same is pending trial vide C.C.No.11 of 2007 on the ﬁle of the Court of Junior Civil Judge, Malkajgiri. That apart, C.C.No.182 of 2007 is also pending in the same Court arising out of Cr.No.35 of 2007 for the oﬀences punishable under Sections 457, 427 and 506 of I.P.C. It is further stated that suo motu case in Cr.No.127 of 2007 under Section 110 (e) of Cr.P.C. was registered on the ﬁle of Tullur P.S. against the petitioner and he was bound over before the Executive Magistrate, Tullur vide M.C.No.1 of 2007, dated 13.11.2007 for keeping the good behaviour for a period of six months. Thus, it is pleaded by the 3rd respondent that since it is necessary to watch the activities of the petitioner it has become incumbent on the part of the respondents to open the rowdy-sheet. Having heard the learned counsel for the petitioner and the learned Government Pleader for Home appearing for the respondents, though I do not ﬁnd any justiﬁable ground to declare the impugned order dated 20.8.2007 as arbitrary and illegal, having regard to the facts and circumstances of the case and the nature of the oﬀences alleged against the petitioner, I deem it appropriate to dispose of the writ petition with a direction to the respondents to review the case of the petitioner after giving him an opportunity of being heard and take an appropriate decision whether it is necessary to continue the rowdy-sheet for a further period. Such exercise shall be completed on or before 31.12.2008 and the order passed thereon shall be communicated to the petitioner. Writ Petition is accordingly disposed of. No costs. ______________ G. ROHINI, J. Dt. 23.10.2008 gbs