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 : 9120 of 2005 Between: Salam Bin Yousuf, S/o Yousuf Bin Hammed, R/o. 18-7-306/72, Aman Nagar (A)Colony, Yakuthpura, Hyderabad. ..... PETITIONER AND 1 The Commissioner of Police, City Police, Hyderabad. 2 The Deputy Commissioner of Police, City Police, Hyderabad. 3 The Station House Officer, Rain Bazar, Hyderabad. .....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 order or direction or a writ of Mandamus, declaring the action of the respondent to continue the Rowdy Sheet, without any case proved in court of law, on humanitarian grounds, consider the petitioenr case and close the rowdy sheet agaisnt him and pass such order as this Hon'ble Court may deem fit and proper in the interst of justice. Counsel for the Petitioner:MISS.INDIRA Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the respondents to continue the rowdy sheet, without there being any case proved in the Court of law, as illegal and arbitrary. A counter has been filed by the respondents stating that four criminal cases viz. 1) Cr.No.23/2000 under Sections 147, 427 IPC of Police Station, Mirchowk, 2) Cr.No.39 of 2005 under Sections 384, 506, 448, read with 34 IPC of Rein Bazar Police Station, 3) Cr.No.36 of 2005 under Sections 3 and 4 of A.P. Gaming Act of Police Station, Rein Bazar and 4) Cr.No.34 of 2005 under Section 506 IPC of Police Station, Rein Bazar are still pending against the petitioner. It is further stated that the petitioner is frequently involving in criminal activities in the limits of 3rd respondent police station and threatening the locality people to vacate their houses and therefore, a rowdy sheet was opened against the petitioner on 10.03.2005 on the recommendations of the Assistant Commissioner of Police, Mirchowk Division, Hyderabad in accordance with the provisions of A.P. Police Standing Orders No.601. It is also stated that the petitioner is indulging in illegal activities and the public are not attempting to complain against him in the police station due to the fear and his muscle power, therefore, a rowdy sheet has been opened against the petitioner and it is continuing. Having regard to the facts of the case, I am of the opinion that as per the Police Standing Orders No.601, if a person involves in more than one offence, rowdy sheet can be opened. In the instant case, as the petitioner involved in more than one case, a rowdy sheet has been opened against him by the police. No counter affidavit has been filed by the petitioner denying the said allegations. In the circumstances of the case, I am of the opinion that opening of rowdy sheet and continuing the same cannot be said to be illegal. Accordingly, the writ petition is dismissed with liberty to make a representation before the respondents as and when the petitioner is acquitted for the offences with which he is charged, for closure of rowdy sheet. 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{JGK}