IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9766 of 2005 Between: V.Raghu Rama Rao, S/o. Veerabhadra Rao, Surendra Towers, Machavaram, Vijayawada, Krishna District. ..... PETITIONER AND 1 The Station House Officer, Machavaram Police Station, Vijayawada, Krishna District. 2 The Circle Inspector attached to Machavaram Police Station, Vijayawada, Krishna District. 3 The Asst. Commissioner of Police-II, Division II, Vijayawada, Krishna District. 4 Government of Andhra Pradesh, rep. by its Secretary, Home Department, Secretariat, Hyderabad. .....RESPONDENTS 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 a writ or order or direction, more preferably in the nature of writ of Mandamus, declaring the action of the respondents in continuing the Rowdy Sheet against him, as illegal and arbitrary, being violative of Articles 14 19(1) (d) and 21 of the Constitution of India and also violative of Principles of natural justice and the Police Standing Orders and consequently quash the rowdy sheet and pass such further or other order or order that may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.MASTHAN NAIDU CHERUKURI Counsel for the Respondents: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.9766 of 2005 ORDER: Petitioner seeks to issue a Writ of Mandamus declaring the action of the respondents in continuing rowdy sheet against him without reviewing the same as illegal and arbitrary. A counter has been filed stating that the petitioner is involved in six cases and though he is acquitted in five cases, one case is pending in Cr.No.456 of 2003 for the offences punishable under Sections 427, 447 and 506 IPC. It is further stated that the rowdy sheet opened against the petitioner is being reviewed and renewed from time to time and a close watch is kept over the anti social activities of the petitioner and that police never interfered with the personal life and liberty of the petitioner. A perusal of the Police Standing Order 602 goes to show that merely because a suspect/rowdy, having a history sheet, is not figuring as accused in the pervious five years after the last case in which he was involved, it should not preclude the authorities to continue his history sheet, if the authorities is of the considered opinion that his activities are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area or the victims are not coming forward to give complaint against him on account of threat from him. In the instant case, It is stated that almost five cases have been ended in acquittal and it is not know as to what happened with regard to the case in Cr.No.456 of 2003 for the offences punishable under Sections 427, 447 and 506 IPC. If the said case is also ended in acquittal and if there are no cases pending against the petitioner, it is for the authorities concerned to consider the request of the petitioner. Having regard to the facts and circumstances of the case, the writ petition is disposed of permitting the petitioner to make a representation before the 3rd respondent for discontinuance of his rowdy sheet by furnishing relevant judgments. On filing such application, the 3rd respondent may call for the remarks from respondents 1 and 2 and pass appropriate orders in accordance with law. There shall be no order as to costs. ___________ 14-03-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Station House Officer, Machavaram Police Station, Vijayawada, Krishna District. 2 The Circle Inspector attached to Machavaram Police Station, Vijayawada, Krishna District. 3 The Asst. Commissioner of Police-II, Division II, Vijayawada, Krishna District. 4 Government of Andhra Pradesh, rep. by its Secretary, Home Department, Secretariat, Hyderabad. 5 2CCs to 6 2CD copies