IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10208 of 2005 Between: G. Suresh, S/o. G. Chowdappa, R/o. at Door No. 3-11-13, Mukkidipeta, Hindupur, Anantapur District. ..... PETITIONER AND 1 The Superintendent of Police, Anantapur. 2 The Sub Divisional Officer, Penukonda, Anantapur District. 3 The Station House Officer, HIndupur I Town Police Station, Hindupur Anantapur District. .....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 issue an order writ or direction more particularly a Writ of Mandamus Under Article 226 of Constitution of India, declaring the actionof the respondent sin opening and ocntinuing rowdysheet against the petititoner in 1 town Police Station, Hindupur as illegal, arbitrary and violative of Article 14, 19 and 21 of the Constitution of India and also ultra virus the Police Standing Order 742 consequently directing the respondents to close thehistory sheet maintained against the Petitioner in HIndupur I Town Police Station including the destruction of photos and fingerprints of the Petitioenr taken by the respondents and pass such order are orders tha tthe Hon'ble Court may deem fit and proper in the interest of justice. Counsel for the Petitioner:MR.P.NARAHARI BABU Counsel for the Respondents: GP FOR HOME The Court made the following : To ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondents in opening and continuing rowdy sheet against him in I-Town Police Station, Hindupur, as illegal and arbitrary and consequently to direct the respondents to close the history sheet maintained in the said police station including the destruction of photos and fingerprints. A counter has been filed by the respondents stating that the petitioner was convicted for the offences punishable under Sections 147, 148, 332, 448, 427, 307, 506 read with 149 IPC in Crime No.75 of 1995 of I-Town Police Station, Hindupur and he was ordered to be bound over in Crime No.10 of 2004 of I-Town Police Station, Hindupur for the offence under Section 107 Cr.P.C. and also in Crime No.101 of 2004 of I-Town Police Station, Hindupur for the offence under Section 107 Cr.P.C. pending on the file of the Sub-Divisional Executive Magistrate, Penugonda. It is stated that as on the date of filing of the counter i.e. 24.08.2005, no cases are pending against the petitioner. Therefore, the bound over period has already been over. This Court in PATTI ESWARA REDDY v. SUPERINTENDENT OF POLICE, CUDDAPAH AND OTHERS[1] held that even in respect of bound over cases under Section 107 Cr.P.C. for a period of one year and the period of bound over is over, there cannot be any justification to continue the rowdy sheet, however, the reasonable period of two years after expiry of bound over period may be fixed under Section 107 Cr.P.C. As the counter is filed in the month of August, 2005 and it is not known as to what is the date of binding over the petitioner and the period of two years is over, there cannot be any justification in continuing the rowdy sheet against the petitioner. Having regard to the facts of the case, if the rowdy sheet opened in November, 1995 is still in continuance, the petitioner shall file a representation before the Sub-Divisional Police Officer, Penugonda for discontinuance or closure of the said rowdy sheet. On filing such representation by the petitioner, the Sub-Divisional Police Officer, Penugonda is directed to consider the same by passing appropriate orders in accordance with Police Standing Orders for closure or discontinuance of the rowdy sheet, if no cases are pending against the petitioner and if the period of two years after expiry of bound over period is elapsed. With the above directions, the writ petition is disposed of. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:04.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS} [1] 1998(4) ALT 284