THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.15919 of 2009 Date: 14-10-2009 Between: Pilla Papa Rao … Petitioner And The Superintendent of Police Visakhapatnam and another. … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.15919 of 2009 ORDER: This writ petition has been filed seeking Writ of Mandamus declaring the action of the respondents in opening the rowdy sheet against the petitioner, as illegal, arbitrary and violative of Article 14, 19(1) (e) and Article 21 of the Constitution of India and consequently to direct the respondents to close the rowdy sheet against the petitioner. The case of the petitioner, in brief, is that he is the permanent resident of Chandrampalem and he is a social worker and trustee of some temples. He came to know that as many as nine criminal cases are registered against him by the Police Bheemunipatnam. In all the cases he was not arrested except in Crime No.241 of 2004 wherein he obtained anticipatory bail before the District Court at Visakhapatnam. It is his case that all the cases are registered against him without there being any prima facie case. Therefore, there was no necessity to open rowdy sheet against him. On behalf of the respondents, denying the averments made by the petitioner, counter has been filed, inter alia, stated that the petitioner is involved in so many cases wherein he was shown as either A-1 or A-2 and at present seven cases are pending against him for trial and in all the cases charge sheets have been filed. It is submitted that to curb and curtail the unlawful activities of the petitioner and to keep a close watch over his movements, it has become incumbent on the part of the respondent Police, a rowdy sheet was opened on the file of Bheemunipatnam Police Station on 16.08.2006 under the provisions of Police Standing Orders 742 and subsequently on the point of jurisdiction, the same was transferred to Pothinamallayyapalem Police Station of Visakhapatnam city. It is also submitted that the rowdy sheet is being continued and renewed from time to time and it stands extended till 31.12.2009. Further it is submitted that when the petitioner is facing trial in the above seven case, the prayer of the petitioner to close the rowdy sheet against him is not fair and proper. If the rowdy sheet of the petitioner is closed at this juncture, there is every likelihood of that he may tamper the evidence and gain over the witnesses in the criminal cases registered against him. It is further submitted that the petitioner earlier also filed a writ petition, with regard to the similar relief, in W.P. No.26898 of 2007 wherein this Court dismissed the same holding that the case of the petitioner is squarely falls under the Police Standing Orders 742(1)(a) and again he filed the present writ petition seeking the same relief. For the aforesaid reasons, the relief of closing the rowdy sheet against the petitioner is not just and proper and may dismiss the writ petition. Heard the learned counsel and perused the material on record. There is no dispute that as many as seven cases are pending against the petitioner and all of them are pending for trial. It is revealed from the record that the petitioner earlier filed W.P. No.26898 of 2007 before this Court and this Court by order dated 12.12.2007 dismissed the same holding that the petitioner figured as accused in as many as nine criminal cases is ample testimony that he is habitual in committing offences involving breach of peace. Further it is also held that the case of the petitioner squarely falls under the S.O. 742(1)(a). In view of the above, it is obvious that so far seven cases are still pending against the petitioner for trial. Under those circumstances, I am not inclined to grant the relief as sought for by the petitioner to close the rowdy sheet against him. Therefore, the petition is liable to be dismissed. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel and taking into consideration the writ petition filed earlier by the petitioner, I do not find any reason to close the rowdy sheet against the petitioner. Accordingly, with the above observations, the writ petition is dismissed. There shall be no order as to costs. __________________________ JUSTICE G. CHANDRAIAH Date: 14-10-2009 LSK