THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.30741 of 2010 ORDER: This writ petition is filed with the prayer, which reads as under: “For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue a Writ of Mandamus, or any other appropriate writ, order or direction, declaring the action of the 3rd respondent in opening a rowdy sheet No.4/2009 against the petitioner as illegal, arbitrary, mala fide and unconstitutional and set aside the same.” It is the case of the petitioner that he is a permanent resident of Nandamuru Village, Pedana Mandal, Krishna District, he studied up to X Class and he is an agricultural labourer. It is alleged that at the instance of one Nagarjun, who is a coolie Mastry, a rowdy sheet was opened against the petitioner without any basis. It is also alleged that in the absence of any criminal case pending against him, he was called to the Police Station by the fourth respondent several times, illegally. A counter-affidavit is filed by the third respondent. In the said counter-affidavit, it is stated that the petitioner is an organizer of gambling in and around Nandamuru Village and on 21.09.2009, while he was organizing gambling at Nandamuru Village, he was arrested by Pedana Police and a case in Crime No.136 of 2009 was registered under Section 110(e) Cr.P.C. and he was produced before the Mandal Executive Magistrate, Pedana, and he was bound over for good behaviour for a period of six months, vide M.C.No.18 of 2009, dated 21.07.2009. It is also stated in categorical terms that no case is pending against the petitioner on the file of Pedana Police Station. Now, it is well settled that based on one solitary instance and crime, no rowdy sheet can be opened. Except Crime No.136 of 2009, registered against the petitioner under Section 110(e) Cr.P.C., in which, he was asked to bound over for a period of six (6) months from 21.07.2009, there is no other case registered against him. In clear terms, counter states that no case is pending against the petitioner on the file of Pedana Police Station, Krishna District. In the absence of any case pending against the petitioner, opening of rowdy sheet against him basing on Crime No.136 of 2009 runs clear contravention, particularly, of Standing Order No.601 of the Andhra Pradesh Police Manual. In that view of the matter, there is no basis for either opening rowdy sheet or continuing the same against the petitioner on the file of the third respondent. For the aforesaid reasons, the writ petition is allowed and rowdy sheet bearing No.4 of 2009 opened by the third respondent against the petitioner is quashed. However, it is made clear that if the petitioner indulges in any further crime, this order will not preclude the respondents to take steps in accordance with law. No order as to costs. ______________________ R.SUBHASH REDDY, J 18th JANUARY, 2011. kvni