IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESSDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 8003 of 2009 Between: 1 K.E. Bhasker S/o. Chinna Subbaiah R/o. W. Govindinne Village, Dirnipadu Mandal, Kurnool District. 2 K.E. Maddileti Swamy S/o. Chinna Subbaiah R/o. W. Govindinne Village, Dirnipadu Mandal, Kurnool District. 3 K.E. Chakrapani S/o. Chinna Subbaiah R/o. W. Govindinne Village, Dirnipadu Mandal, Kurnool District. 4 K.E. Srinivasulu S/o. Chinna Subbaiah R/o. W. Govindinne Village, Dirnipadu Mandal, Kurnool District. ..... PETITIONER(S) AND 1 The Superintendent of Police Kurnool Town Kurnool . 2 The Station House Officer Dornipadu Police Station Dornipadu Mandal, Kurnool Dist. .....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 or order or direction one in the nature of Writ of Mandamus declaring the action of the respondents in opening the rowdy sheet against the petitioners as illegal, arbitrary and violative of Article 14, 19 (1) (e) and Article 21 of the Constitution of India and consequently direct the respondents to close the rowdy sheet against the petitioner. Counsel for the Petitioner:MR.K.SRINIVASA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA Writ Petition No.8003 OF 2009 ORDER: 1 The petitioners approached this court and filed the present Writ Petition with the following prayer: It is prayed that this Hon’ble Court may be pleased to issue a writ or order or direction one in the nature of writ of Mandamus declaring the action of the respondents in opening the rowdy sheet against the petitioners as illegal, arbitrary and violative of Articles 14, 19 (1)(e) and Article 21 of the Constitution of India and consequently direct the respondents to close the rowdy sheet against the petitioner, and pass such other order or orders as this Hon’ble Court may deems fit and proper in the circumstances of the case. 2 Brief facts are that, in the year 2001 a case under the provisions of the S.C. and S.T (Prevention of Atrocities) Act, in the year 2005 two cases - one under section 324 of IPC and another under section 302 of IPC were registered against the petitioners and all the cases ended in acquittal. 3 According to the petitioners they were acquitted in the Sessions case 504 of 2005 registered for the offence punishable under Section 302 of IPC on 17.5.2006, the offence under section 324 IPC was compounded on 15.12.2005 in the Lok Adalat and the case falling under the provisions of the S.C. and S.T (Prevention of Atrocities) Act was disposed of on 26.12.2006 in their favour. 4 Be that as it may, though there are no cases against the petitioners, only with a view to harass them, and also in view of the ensuing Assembly elections, a rowdy sheet was opened against the petitioners in the month of April 2009 and that is questioned in this Writ Petition. 5 When the matter is taken up for hearing, the learned Assistant Government Pleader for Home fairly conceded saying that according to his instructions the said factual matrix explained by the petitioners are correct. 6 In that view of the matter, this court has no hesitation to come to the conclusion that opening of rowdy sheet against the petitioners is only to harass them but nothing else. 7 Accordingly, the Writ Petition is allowed and the said rowdy sheet opened against the petitioners by the Station House Officer, Dornipadu Police Station, Kurnool District is hereby quashed. No order as to costs. ----------------------- kvsn 05.08.2009