IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2319 of 2008 Between: Bobba Srinivasa Rao … Petitioner AND The Commissioner of Police, Vijayawada & others. … Respondents Counsel for the petitioner : Smt. K. Lalitha Counsel for the respondents : AGP for Home This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.2319 of 2008 ORDER:- This writ petition is filed for a writ of mandamus to declare the action of the respondents in continuing the history sheet by the VII Town Police Station, Machavaram, Vijayawada, Krishna District against the petitioner, as illegal and unconstitutional. A perusal of the averments contained in the affidavit filed in support of the writ petition shows that the petitioner was involved in as many as ten criminal cases and was acquitted in all the said cases. The grievance of the petitioner is that despite his acquittal in all those cases and not getting involved in any criminal case after 1996, a rowdy sheet is being continued against him. This action of the respondents, according to the petitioner, is in violation of Article 21 of the Constitution of India. He pleaded that in the year 1996 he was involved in an accident resulting in his suffering severe injuries to knee joints and thereby his mobility was severely affected and he is unable to move from out of his house without assistance. He also submitted that the District Medical Board, Vijayawada, issued certificate dated 15.12.2000 saying that he suffered 100% physical disability. No counter-affidavit has been filed on behalf of the respondents. In the absence of denial of the averments contained in the affidavit, the said averments deserve to be accepted as correct. In my considered view, there is no justification for the respondents to continue the history sheet since no fresh criminal case was registered against the petitioner since the year 1996 and all the ten cases in which the petitioner was accused ended in his acquittal. In this view of the matter, the respondents are directed to discontinue the history/rowdy sheet against the petitioner forthwith. Liberty is, however, given to the respondents to reopen the history/rowdy sheet, if the petitioner involves himself in any crime in future. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.2987 of 2008 filed by the petitioner for interim relief is dismissed as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 17.03.2008 Note:- Issue CC in two days. B/o. ES