IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF MARCH, TWO THOUSAND TEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5046 of 2010 Between: Jakkula Narasimha Moorthy … Petitioner And The State of A.P., rep., by its Principal Secretary, Home Department, Secretariat, Hyderabad & others. … Respondents Counsel for the petitioner: Sri Venkateshwar Varanasi Counsel for the respondents: AGP for Home This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5046 of 2010 ORDER:- This writ petition is filed for a Mandamus to declare the action of the respondents in opening rowdy sheet against the petitioner as illegal and arbitrary. In the counter affidavit filed by the Sub-Inspector of Police, Ramakrishnapur Police Station, Adilabad District, it is inter alia stated that the petitioner was involved in two cases, namely, Crime No.141 of 2006 registered for the offence under Section 420 IPC on the file of Nuzvid Police Station, Krishna District and Crime No.56 of 2009 for the offence under Section 27(1) of the Arms Act, 1959 and Sections 292(ii)(a) and 384 read with Section 511 IPC on the file of Ramakrishnapur Police Station. It is further stated that with respect to the first case, the same ended in a compromise before Lok Adalat on 25.07.2009 and the second case is pending trial as CC.No.403 of 2009 on the file of I Additional Judicial First Class Magistrate, Mancherial. Though it is stated in the counter affidavit that to curb and curtail the unlawful activities, the rowdy sheet is opened, no specific details have been furnished with regard to these alleged unlawful activities. Undoubtedly, opening of a rowdy sheet curtails the individual freedom and liberty guaranteed under Article 21 of the Constitution of India. Therefore, in opening rowdy sheets, proper care is required to be taken by the police to see that only in cases where provisions of Police Standing Order No.601 are satisfied, such rowdy sheets are opened. On a careful perusal of the facts, I am of the view that none of the clauses mentioned in Police Standing Order No.601 have been satisfied. Mere involvement in a stray case cannot be a ground to open a rowdy sheet against a citizen. In the above circumstances, the writ petition is allowed and the respondents are directed to close the rowdy sheet against the petitioner. This order, however, does not preclude the respondents from opening the rowdy sheet, if in future the petitioner indulges in activities, which cause breach of peace and tranquility in the society. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.6517 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 19.03.2010 ES