IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3572 of 2005 Between: Mirza Razak Baig, S/o. Mirza Iamail Baig, R/o. 19-3-262,/50/10/D, Achey reddynagar, Teegalgunta, Hydeabad. ..... PETITIONER AND 1 Commissioner of Police, Hyderabad City, Hyderabad. 2 Deputy Commissioner of Police, South Zone, Hyderabad-A.P. 3 Assistant Commissiner of Police, South Zone, Hydrabad. 4 Station House Affairs, Falaknuma, Hydrabad. .....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 a writ order or direction more particularly one in the nature of writ or mandamus declaring the action of the respodnent as illegal, unlawful, and arbitrary against the principles of natural jsutice consequently direct the respondents to close the petitioner's rowdy sheet and allow the petitioner to live peacefully and to pass such further orers this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.MOHAMMAD ABDUL BASITH Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.3572 of 2005 ORDER: None appears. No counter is filed. It is the case of the petitioner that he was falsely implicated in four different crimes i.e., (1) Cr.No.87 of 1990 for the offences punishable under Sections 147, 148, 452, 427 and 153-A IPC; (2) Cr.No.88 of 90 for the offences punishable under Sections 147, 148, 452, 427 and 153 A of IPC; (3) Cr.No.89 of 90 for the offences punishable under Sections 147, 148, 452, 427 and 153 of IPC and (4) Cr.No.90 of 90 for the offences punishable under Sections 147, 148, 452, 427 and 153-A IPC. It is stated that he was acquitted in all the four cases and he was not involved in any case. It is stated that though the petitioner was acquitted in all the four cases, the rowdy sheet opened against him has not been discontinued. As per Police Standing Order 602 (2) 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. 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 and on filing such representation, the 3rd respondent may call for the remarks from the 4th respondent and pass appropriate orders in accordance with the Police Standing Order 602 (2). There shall be no order as to costs. ___________ 24-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{JGK}