THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP Nos. 31086 & 31093 of 2014 Date of Judgment: 16.12.2014 Between:
P.G. Rama Pullaiah and another And The State and others …Petitioners ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WP Nos. 31086 & 31093 of 2014 COMMON ORDER:
Heard learned counsel for the parties.
Both these writ petitions are filed questioning the opening of rowdy sheets against the petitioners. Both the petitioners state that they are active members of YSR Congress Party and holding elected posts. They alleged that due to political rivalry several criminal cases were booked against them and all the cases ended in acquittal, except two election related cases are pending trial.
Learned Government Pleader for Home filed a counter-affidavit on behalf of third respondent stating in paragraph-3 that the petitioner in WP No. 31086 of 2014 is involved in Cr.No. 138 of 1988, Cr.Nos. 260 and 261 of 1988, Cr.No. 16 of 1990, Cr.No. 37 of 1990, Cr.No. 164 of 1990, Cr.No. 32 of 1992, Cr.No. 119 of 2014 and Cr.No. 89 of 2014, all of PS Kurnool, II-Town and the petitioner in W.P.No. 31093 of 2014 is involved in Cr.No. 138 of 1988, Cr.Nos. 260 and 261 of 1988, Cr.No. 16 of 1990, Cr.No. 37 of 1990, Cr.No. 61 of 1991, Cr.No. 32 of 1992, Cr.No. 175 of 1992, Cr.No. 119 of 2014 and Cr.No. 89 of 2014, all of PS Kurnool, II-Town. It is, however, admitted in the counter- affidavit that all the cases registered against both the petitioners ended in acquittal, except two cases which are pending trial. It is stated that in Cr.No. 119 of 2014 under Sections 341, 323, 506, 188 r/w. 34 IPC and Section 132 of Representation of Peoples Act charge sheet was filed on 29.5.2014 before the concerned Court and another case i.e., Cr.No. 89 of 2014 under Sections 341, 323, 506 r/w. 34 IPC is pending trial before the concerned Court vide CC No. 1074 of 2014. It is also stated in the counter-affidavit that the rowdy sheets were opened against the petitioners on 12.5.2014 and are continued upto 31.12.2014. Rest of the paragraphs in the counter-affidavit relate to justifying the opening of the rowdy sheets against the petitioners on the ground that they were maintaining political group and creating nuisance and due to fear, nobody complained against them.
A reading of the counter-affidavit, as briefly noted hereinabove, shows that the petitioners were not convicted in any of the criminal cases so far and except two cases, referred to above, all other cases ended in acquittal. In my opinion, since the rowdy sheets opened against the petitioners are going to expire by 31.12.2014, whether they can be continued beyond 31.12.2014 or not, is a matter which shall appropriately be considered by the second respondent.
Hence both the writ petitions are disposed of directing the second respondent to take into consideration the facts of each case against each of the petitioners and assess the requirement of continuation of the rowdy sheets beyond 31.12.2014 in the light of the Police Standing Orders and the legal position arising after the acquittal of the petitioners in the criminal cases, referred to above, as to whether they can be considered as habitual offenders and after considering all these aspects, the second respondent shall pass reasoned orders and communicate the same to the respective petitioners on or before 15th January, 2015.
Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 16.12.2014 KR