THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP No. 4735 of 2014 Date of Judgment: 19.12.2014 Between:
Ganthakoru Madhava Rao And The State of A.P. and others …Petitioner ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP No. 4735 of 2014 ORDER:
Heard learned counsel for the parties.
This writ petition is filed questioning opening and continuation of rowdy sheet against the petitioner by the third respondent-police. The petitioner states that he is an agriculturist and he has a good reputation in the village. While so, he was elected Sarpanch of Narava village, Pendurthi Mandal, Visakhapatnam district and worked as such during the period from August, 2001 to November, 2005. The petitioner alleges that he was falsely implicated in Cr. No. 52 of 2000, Cr.No. 72 of 2004, Cr. No. 79 of 2007, Cr.
No. 223 of 2008, all of Pendurthi police station. He claims that he was acquitted in all these cases, but a rowdy sheet was opened against him on 15.3.2009 vide rowdy sheet No.
3 of 2009 of PS Pendurthi and it is continued even now notwithstanding the acquittal of the petitioner in all the criminal cases. The petitioner, therefore, alleges that opening and continuation of rowdy sheet is contrary to Police Standing Orders.
Respondent No.3 has filed a counter-affidavit wherein it is stated that the rowdy sheet was opened on 15.3.2009, it was renewed from time to time and it stands extended upto 31.12.2014. In para-3 of the counter-affidavit all the aforesaid crimes are listed saying that the petitioner was involved in those cases and it is admitted that all the said cases ended in acquittal. It is also admitted in para-4 of the counter-affidavit that at present no case is pending against the petitioner in P.S. Pendurthi. However, it is stated that oral complaints were received against the petitioner alleging that he was indulging in unlawful activities and therefore, continuation of the rowdy sheet is sought to be justified on the ground that it is necessary in public interest to safeguard the general public.
Since counter-affidavit was filed on 7.6.2014 and this writ petition was heard on 12.12.2014, the learned Government Pleader for Home was directed to get instructions as to whether the petitioner is found involved in any case from June, 2014 to December, 2014 and it is now informed by the learned Government Pleader for Home that the petitioner is found not involved in any case during the said period.
From the above, it is clear that all the criminal cases registered against the petitioner during the period from 2000 to 2008, as referred to above, ended in acquittal and the last acquittal was in February, 2011 and even after four years the petitioner was found not involved in any criminal case and as per the counter-affidavit and latest instructions obtained by the learned Government Pleader for Home, no criminal case was pending against the petitioner. In the circumstances, therefore, continuation of the rowdy sheet against the petitioner does not appear justified, particularly as the respondent No.3 is unable satisfy the Court that the petitioner is a habitual offender as is required to be established in terms of the Police Standing Orders and therefore, continuation of the rowdy sheet against the petitioner is wholly unjustified.
For the reasons given hereinabove, the writ petition is allowed and the rowdy sheet is quashed. However, the respondents-police are at liberty to take appropriate action in accordance with law as and when the petitioner is found involved in criminal activities. Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 19.12.2014 KR