HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2879 of 2008 DATE: 18.06.2014 Between:
Kondeti Venkatesh … Petitioner And The Superintendent of Police, Kakinada East Godavari Dsitrict & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.2879 of 2008 ORDER:
Heard the learned counsel for the petitioner. None appears for the respondents.
2. The case of the petitioner is that he is an automobile consultant and a criminal case was registered against him in Cr.Nos.271 and 172 of 2006 of II Town CCS, Kakinada, for the offences under Sections 397, 109 and 412 IPC and the petitioner was shown as A.5 in the said criminal case. After investigation, charge sheet was filed. Even in respect of that single case, a history sheet was opened against him, which is contrary to the Police Standing Orders 736. The petitioner challenges the action of the respondents in opening the history sheet bearing No.133 under A.P. Police Standing Orders.
3. No counter-affidavit is filed by the respondents even after six years.
4. As the point is directly covered by the decision of a Division Bench of this Court in ‘B.Satyanarayana Reddy vs. State of Andhra
[1]
Pradesh & others ’, disposal of the present writ petition need not be wait for the counter of the respondents. This Court after reviewing the entire case law held that involvement of a person in a single case cannot come in the expression ‘habitually commit’, ‘attempt to commit’ and ‘abet the commission of offences’. It held that the requirement of at least two or more cases would come under the scope of the above expression.
5. However, this Court is not aware of the subsequent developments in the case and in the circumstances, the 1st respondent is directed to review the case of the petitioner and pass appropriate orders with regard to closure of rowdy sheet against the petitioner, within three months from the date of receipt of a copy of this order.
6. The writ petition is accordingly disposed of. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 18.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 2 WRIT PETITION No.2879 of 2008 Date: 18.06.2014 BSS
[1] 2004(1) ALD (Crl.) 387 (AP)