IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 19564 of 2005 Between: Nakka Krishna Sagar, s/o Nakka Narasimha Murthy, r/o Nuziveedi, Krishna District. ..... PETITIONER AND 1 The Sub Divisional Police officer, Nuziveedu Sub Division, Krishna District. 2 The Station House Officer, Nuziveedu Town Police Station, Krishna 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 to issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action on the part of the respondents in opening the Rowdysheet against the petitioner herein and not closing the same inspite of the fact no cases are pending against him as illegal, arbitrary, contrary to the provisions of Police standing order and in violation of Article 14 and 21 of the Constitution of India and consequently direct the respondents to close the same forthwith and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.RAMA RAO MAVIDI Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondents in opening the rowdy sheet and not closing the same in spite of the fact that no cases are pending against him, as illegal and arbitrary. It is stated that for involvement of petitioner in four cases viz. Crime No.18 of 1999 for the offence under Section 302, 324 r/w 34 IPC, Crime No.112 of 1997 for the offence under Section 324 r/w 34 IPC of Nuzvid Town Police Station, Crime Nos.75 of 1999 to 82 of 1999 for the offence under Section 110(e) of Cr.P.C. on the file of the Mandal Executive Magistrate, Nuzvid and Crime Nos.23 of 2000 to 27 of 2000, 84 to 88 of 2001 and 42 to 46 of 2004 for the offence under Section 110(e) of Cr.P.C. a rowdy sheet has been opened against him and all the cases have been ended in acquittal, but the rowdy sheet opened against the petitioner has not been closed. As per the Standing Order 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 precluded 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. Having regard to the facts of the case, I am of the opinion that it is for the authority concerned to consider and review the rowdy sheet pending against the petitioner keeping in view the aforesaid police standing orders. Accordingly, the writ petition is disposed of permitting the petitioner to make a representation before the first respondent for closure of the rowdy sheet pending against him and on filing such representation, the first respondent may consider and dispose of the same in accordance with the aforesaid provisions of the A.P. Police Manual, Part-I, Volume-II, within four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:24.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{RS}