HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.22469 of 2010
Date: April 23, 2014
Between:
N. Penchal Reddy.
… Petitioner And
1. The Superintendent of Police (Urban), Guntur, Guntur District & 2 others.
… Respondents * * * HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No.22469 of 2010
O R D E R:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for the respondents.
2. The petitioner is a self employed person doing real estate business in Guntur. While so, in the month of March 2006 a case in Crime No.74 of 2006 was registered under Section 302 read with 34 IPC in Arundalpet Police Station, Guntur. A rowdy sheet was opened against the petitioner on the recommendation of the 3rd respondent. He was tried in the said criminal case by II Additional Sessions Judge, Guntur, who convicted him by judgment dated 17.03.2008. Aggrieved by the said conviction and sentence, the petitioner preferred an appeal in Criminal Appeal No.387 of 2008 before this Court and this Court, by judgment dated 22.03.2010, allowed the appeal by setting aside the conviction and sentence passed by the learned Sessions Judge. Though the said fact was brought to the notice of the respondents through various representations and ultimately on 24.08.2010, the rowdy sheet opened against the petitioner was not closed. The petitioner states that continuance of rowdy sheet against him on the solitary incident of registration of one crime where he was convicted is illegal and contrary to the Andhra Pradesh Police Standing Orders.
3. The 3rd respondent filed a counter-affidavit admitting the averments made by the petitioner with regard to the registration of a criminal case under Section 302 read with 34 IPC and he is ultimately acquitted in criminal appeal. But the respondents states that the rowdy sheet opened against the petitioner was in the year 2006 and the same was continued from time to time and stood extended till 31.12.2010. In view of the sensational murder case where the petitioner was involved, his movements are required to be watched and on 23.03.2014 a case was filed against the petitioner under Section 110 (e) Cr.P.C. and the petitioner was bound over by the Tahsildar, Guntur, for keeping good behaviour.
4. In view of the above averments it is clear that the petitioner was involved in Crime No.74 of 2006 in which ultimately he was acquitted by this Court in Criminal Appeal Nos.386 and 387 of 2007 and Criminal Appeal No.964 of 2008 on 23.03.2010. Thereafter, only a bound over case was booked against the petitioner by the T a h s i ld a r, Guntur. The petitioner submitted a representation to consider his case for closure of the rowdy sheet on 24.08.2010. The counter states that the rowdy sheet was renewed from time to time and extended till 31.12.2010. It is not clear whether his rowdy sheet was renewed thereafter.
5. In the circumstances, the writ petition is disposed of directing the first respondent to consider the representation of the petitioner dated 24.08.2010 and dispose of the same if the rowdy sheet of the petitioner was renewed beyond 31.12.2010. Otherwise, the petitioner’s personal liberty shall not be encroached upon or interfered with except in accordance with law. Pending miscellaneous petitions, if any, shall stand dismissed in consequence. No costs.
A. RAMALINGESWARA RAO, J Date: April 23, 2014 BSB
68 HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO
WRIT PETITION No.22469 of 2010
Date: April 23, 2014
BSB