IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT HON'BLE Mr. JUSTICE R.SUBHASH REDDY WRIT PETITION No.33269 of 1998 Between: Alampalli Pochaiah, S/o. Mysaiah R/o. H.No. 18-3-709/1, Chatrinaka, Hyderabad. ... PETITIONER AND 1 The Commissioner of Police, Hyderabad. 2 Joint Commissioner of Police, Crimes and SIT, Hyderabad. 3 Deputy Commissioner of Police, South Zone, Hyderabad. 4 Deputy Commissioner of Police, DD.CCS, Hyderabad. 5 Addl. Deputy Commissioner of Police, Task Force, Begumpet, Hyderabad. 6 Asst. Commissioner of Police, Chatrinaka, Hyderabad. 7 Inspector of Police, Chatrinaka, Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue any appropriate writ, order or direction more particularly a writ in the nature of Writ of Mandamus declaring the action of the Respondents in opening a rowdy sheet against the petitioner as illegal and arbitrary and violative Article 21 of the constitution of India and consequently direct the Respondents herein to close the rowdy sheet opened against the petitioner herein. Counsel for the petitioner: Mr. A. Ravi Shankar Counsel for respondents: G.P., Home The Court made the following Order: Petitioner has filed this writ petition seeking Mandamus declaring the action of the respondents in opening a rowdy sheet against him as per the Police Standing Orders as illegal and arbitrary. 2. In the year 1998, two cases were registered against the petitioner, one in Cr.No.187/1998 on the file of Chatrinaka Police Station for the offences under Sections 120(B) and 153(A) of the Indian Penal Code, 1890, and the other in Cr.No.184/98 on the file of the Central Crime Station for the offences under Sections 420, 468 and 471 of I.P.C. It is the case of the petitioner that he is working as Artisan Grade-I in Bharat Heavy Electricals Ltd., Ramachandrapuram and was an Ex-Mayor of Hyderabad City. It is his grievance that the aforesaid two criminal cases were registered against him at the behest of his political rivals and no other case, except the aforesaid, have been registered against him. He questions the action of the respondents in opening a rowdy sheet against him based on the aforesaid criminal cases. 3. When the matter had come up on the earlier occasion, the learned Government Pleader for Home appearing for the respondents was directed to obtain instructions as to whether any criminal cases are pending against the petitioner and also on what basis rowdy sheet opened against him is being renewed from time to time. On instructions, it is submitted by the learned Government Pleader that the petitioner is acquitted from the aforesaid criminal cases and no other cases are registered against him. 4. In this regard, reference can be made to a judgment of in the case of S. Satyanarayana v. State of A.P.[1], wherein a learned single Judge of this court has extensively dealt with opening and continuance of rowdy sheets. Once a rowdy sheet is opened against an individual as per the police standing orders, it is to be renewed from time to time taking into account whether any further cases are registered against him, but it should not be renewed mechanically. In this case, it is to be seen that two cases have been registered against the petitioner and, now, it is submitted by the learned Government Pleader that the petitioner has been acquitted from the said cases. Hence, the rowdy sheet opened against the petitioner cannot be continued and is hereby quashed. However, it is made clear that if the petitioner commits any offence and gets involved in any crime, this order will not preclude the respondents to open a fresh rowdy sheet against the petitioner. 5. The writ petition is accordingly disposed of. No order as to costs. _____________________ R. SUBHASH REDDY, J. June 17, 2009 MRR ... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP {JPK} [1] 1999 (6) ALT 249