HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.625 of 2011 Date : 07.02.2011 Between : Sri Shiv Shankar Reddy & another. …..Petitioners And The Sub-Divisional Police Officer, Guntakal & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.625 of 2011 ORDER : In this writ petition, the petitioners seek directions by way of Mandamus, declaring the action of respondents in not closing the rowdy sheets opened against them in rowdy sheet Nos.228 and 230 on the file of the Station House Officer, I-town P.S., Guntakal in Anantapur District, as illegal and arbitrary. It is the case of petitioners that the 1st petitioner is an agriculturist and the 2nd petitioner is working as a Driver in a private travel agency. Both of them were implicated in false crimes and inspite of their acquittal in the said crimes, the rowdy sheets opened against them are not being dis-continued. It is the grievance of the petitioners that the continuance of rowdy sheets opened against them is contrary to the Police Standing Order No.601. Counter affidavit is filed by the Station House Officer of the 2nd respondent Police Station. In the counter, while denying the allegations made by the petitioners, it is stated that the 1st petitioner was involved in Crime No.117 of 2002 registered for the offences under Sections 452 and 506 of IPC on the file of Banjarahills Police Station, Hyderabad, and he is already acquitted in the above said crime by the V Metropolitan Magistrate Court, Hyderabad. So far as the 2nd petitioner is concerned, it is stated that he is involved in three crimes i.e. in Crime No.117 of 2002 on the file of the Banjarahills Police Station, registered for the offences under Sections 452 and 506 of IPC, in Crime No.44 of 2003 on the file of Guntakal II-town Police Station, registered for the offences under Sections 427 and 143 of IPC and in Crime No.29 of 2004 on the file of Guntakal II-town Police Station, registered for the offence under Section 107 Cr.P.C. It is stated that the 2nd petitioner was acquitted in Crime Nos.117 of 2002 and 44 of 2003. Even from the counter affidavit filed by the respondents, it is evident that the 1st petitioner is involved in only one offence, and therefore, he cannot be termed as a habitual offender and even that case was registered in 2002 and he was already acquitted in the said crime. Even with regard to the 2nd petitioner, in the two crimes registered against him in 2002 and 2003, he is acquitted, and so far as Crime No.29 of 2004 is concerned, it is a case registered under Section 107 Cr.P.C., to bind over him for a period of one year, which period is also expired. Even as per the Police Standing Orders, the rowdy sheets opened, are to be reviewed periodically at the end of each calendar year by taking into account the conduct of the persons against whom such rowdy sheets are opened. In view of the acquittal of petitioners in the crimes registered against them, and also expiry of the bound over period of one year in respect of the 2nd petitioner, there appears no reason for continuing the rowdy sheets opened against them. For the aforesaid reasons, the writ petition is allowed and the rowdy sheets, which are being continued against the petitioners vide rowdy sheet Nos.228 and 230 on the file of the 2nd respondent Police Station, are hereby quashed. However, it is made clear that if the petitioners involve in any further crimes, this order will not preclude the respondents from opening fresh rowdy sheets against them. No costs. ______________________ R. SUBHASH REDDY, J 7th February 2011 ajr