IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 15477 of 2005 Between: Peethala Venkateswara Rao, S/o.Rama Rao, Laxmipuram Village, Jeelugumilli Mandal, W.G.District. ..... PETITIONER AND 1 The Superintendent of Police, W.G.district, Eluru. 2 The Sub-divisional Police Officer, Jangareddigudem, W.G.District. 3 The Inspector of Police, Jangareddigudem, W.G.District. 4 Sub Inspector of Police, Jeelugumilli Police Station, W.G.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 to issue a writ, order or direction more particularly one in the nature of writ of mandamus sdeclaring the action of the respondents in opening of History/Suspect Sheet against the petitioner and continuing the same as well as insistence to supply the photographs for the purpose of displaying in the police station at Jeelugumilli Police Station, W.Godavari district as highly illegal, arbitrary, unjust, improper and against to the Article 14, 19 and 21 of the Constitution of India and quite contrary to the A.P.Police standing orders and Violation of Human Rights and consequently direct the respondents to close the History/Suspect Sheet of the petitioner as well as not to insist the petitioner to supply photographsn for displaying in the police station and pass such other order or orders. Counsel for the Petitioner:MR.BADANA.BHASKARA RAO Counsel for the Respondent No.: GP FOR HOME IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 15478 of 2005 Between: Peethala Nageswara Rao S/o. Rama Rao Jeelugumilli Mandal, West Godavari District, ..... PETITIONER AND 1 The Superintendent of Police, West Godavari District, Eluru, 2 The Sub Divisional Police Officer, Jangareddigudem, West Godavari District, 3 The Inspector of Police , Jangareddigudem, West Godavari District, 4 Sub Inspector of Police , Jangareddigudem Police Station, West Godavari 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 to issue a writ, Order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents in opening of History/Suspect sheet against the petitioner and continuing the same as well as insistence to supply the photographs for the purpose of displaying in the police station at Jeelugumilli Police Station, West Godavari as highly illegal, arbitrary, unjust improper and against to the Article 14, 19 and 21 of the Constitution of India and quite contrary to the A.P. Police Standing orders and violation of human rights and consequently direct the respondents to close the History/Suspect Sheet of the petitioner as well as not to insist the petitioner to supply photographs for displaying in the police station and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.BADANA.BHASKARA RAO Counsel for the Respondent No.: GP FOR HOME The Court made the following : HON’BLE SRI JUSTICE V. ESWARAIAH WRIT PETITION NOS. 15477 AND 15478 OF 2005 COMMON ORDER: It is the case of the petitioners that rowdy sheets have been opened against them and the same are being continued without any justification though the criminal cases filed against them have been ended in acquittal. No counter affidavit is forthcoming and it is not known whether any criminal cases are pending against the petitioners or not. However, merely because criminal cases ended in acquittal, the petitioners are not entitled for dispensation of the rowdy sheet. Under Order 602-1 of the A.P. Police Manual, Part-I, Volume-II, the rowdy sheet opened and maintained shall be continued by the end of the year and it is for the authorities whether to discontinue or to maintain for a further period. Under Order 602-2 of the above Manual, merely because the rowdy sheeter has not figured in previous five years it should not preclude the concerned officer to continue the rowdy sheet if the Officer is of the opinion that activities of the rowdy sheeter 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. Therefore, if no cases are pending against the petitioners there cannot be any justification in continuing the rowdy sheet. If the activities are not prejudicial to the maintenance of the public order or one affecting peace and tranquility and that there are no allegations from the victims and unless the reasons are recorded for continuing the rowdy sheet, there cannot be any justification to continue the rowdy sheet. Having regard to the same, both the Writ Petitions are disposed of permitting the petitioners to make representations to the second respondent-Sub-Divisional Police Officer, Jangareddigudem, West Godavari District, for dispensing with the rowdy sheets and it is for the Sub-Divisional Police Officer, to consider the case of the petitioners and pass appropriate orders within a period of four weeks from the date of receipt of a representation from the petitioner in accordance with law. No order as to costs. ____________________ V. ESWARAIAH, J Date: 27.03.2008 KA ---- REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Superintendent of Police, W.G.district, Eluru. 2 The Sub-divisional Police Officer, Jangareddigudem, W.G.District. 3 The Inspector of Police, Jangareddigudem, W.G.District. 4 Sub Inspector of Police, Jeelugumilli Police Station, W.G.District. 3. 2CCs to G.P. for Home, High Court of A.P. , Hyderabad. 4. 2CD copies