IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 2640 of 2005 Between: T. Kailash Singh, S/o. Late Balaji Singh, R/o.1-32/1/B, Nanakramguda, Serilingampally Mandal, RR District. ... PETITIONER AND 1 Commissioner of police, Cyberabad, Ranga Reddy District. 2 S.H.O., P.S., Raidurg, Serilingampally Mandal, Ranga Reddy District. ...RESPONDENTS 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 or order or orders or direction preferably in the nature of writ of mandamus by declaring the opening of history sheet of the petitioner herein by the Raidurg police station, Serilingampally Mandal, RR District as Rowdy Sheeter at S1.No. 9 from 13-5-2000, as illegal, bad in law and violative of Articles 14, 19 (i) (a) and 21 of the Constitution of India and violative of principles of natural justice and forbid the respondents from continuing the name of the petitioner in the history sheets on the file of P.S. Raidurg, Serilingampally Mandal, RR District as rowdy sheeter at S1.No.9 from 13-5-2000, 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: SMT.A.ANASUYA Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER: Petitioner submits that a Rowdy Sheet was opened against him on 13.05.2000 at Sl.No.9 in the Rowdy Sheeters list of the Raidurg Police Station, Serilingampally Mandal, Ranga Reddy District. It is his case that though the cases registered against him in Cr.No.81/97, 106/98, 122/98, 44/2000 and 10/2000 ended in acquittal, the rowdy sheet opened on 13.05.2000 has not been closed and the same is being continued from time to time. 2. It is stated that after acquittal in the aforesaid cases, two more cases one in Cr.No.37 of 2005 registered on 26.02.2005 for the offence under Section 420 of the Indian Penal Code is pending on the file of the VII Metropolitan Magistrate, Rajendrangar, Cyberabad and another in Cr.No.38 of 2005 registered on 26.02.2005 for the offence under Section 420 of the Indian Penal Code ended in acquittal on the file of the VII Metropolitan Magistrate, Rajendrangar, Cyberabad. 3. Counter has been filed admitting the aforesaid fact but denied the other allegation about the petitioner being called unnecessarily to the police station and interrogated on the ground that he has committed unlawful activities. 4. Even according to the counter it is evident that only one case is pending, therefore, there cannot be any justification in continuing the rowdy sheet opened against the petitioner. However, under Police Standing Order 601 of the Andhra Pradesh Police Manual Part I Volume II, merely because a rowdy sheeter is not figuring as an accused in the previous five years after the last case in which he was acquitted, it would not preclude the concerned authority to continue his rowdy sheet if the authority is of the opinion that his activities are prejudicial to the maintenance of peace and 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 by him. Therefore, whether a rowdy sheet is required to be discontinued or continued has to be considered by the concerned Deputy Commissioner of Police. 5. Having regard to the facts and circumstances of the case, the petitioner is given liberty to file a fresh representation for discontinuance of his rowdy sheet and on such a representation being filed, the concerned Officer, under whose direction the rowdy sheet has been opened, may consider and dispose the same in accordance with the Police Standing Order 602-2 of the Andhra Pradesh Police Manual Part I Volume II. The writ petition is accordingly disposed of. There shall be no order as to costs. ______________ V. ESWARAIAH, J March 7, 2008 DSK