Andhra Pradesh High Court - Amravati
Dalavai Bala Venkata Ramana Kumar, vs Prl.Secy., Home Dept., State Of A.P., on 30 December, 2019
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION NO.15579 OF 2018
ORDER:
This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a Writ, Order or Direction more particularly one in the nature of Mandamus or any other appropriate Writ declaring the action of the respondents more particularly Respondent No.5 to 7 opening a rowdy sheet against the petitioner and calling upon the petitioner to provide finger print and photographs as illegal, arbitrary and in violation of Article 14 and 21 of Constitution of India and consequently quash the Rowdy Sheet dated 17.11.2017 opened against the petitioner on the file of the respondent No.7 and forwarded to Respondent No.6"
It is the case of the petitioner that on the basis of the complaint lodged by respondent No.8, a crime No.22 of 2006 was registered and after completion of investigation, charge sheet is filed, and the same is registered as C.C.No.79 of 2008, which is pending on the file of the Special Judicial First Class Magistrate for Prohibition and Excise, Guntur and after full-fledged trial, on appreciation of law and facts, the Court was pleased to convict the petitioner. Aggrieved by the conviction and sentence, the petitioner preferred Criminal Appeal No.190 of 2013 on the file of XII Additional District Judge - cum - Family Judge, Guntur, whereby the appellate Court confirmed the sentence imposed by the trial Court. Aggrieved by the concurrent fact findings recorded by both the Courts, the petitioner preferred Crl.R.C.No.1290 of 2017 on the file of this Court and the same is pending for consideration.
Respondent Nos.8 and 9 disputed the ownership of the land of the petitioner in D.No.44/A of Kundula Road, Nallapadu, Guntur claiming that the same is located in D.No.31/A, thereby alleging that MSM,J WP_15579_2018 2 respondent No.9 and her sister by name Paruchuri Rajyalakshmi have conspired to grab their land. The said P.Rajayalakshmi filed O.S.No.46 of 2005 on the file of the IV Additional District Judge, Guntur and the petitioner filed O.S.No.159 of 2007 on the file of IV Additional District Judge, Guntur and O.S.No.160 of 2007 filed by respondent No.9 on the file of IV Additional District Judge, Guntur. The IV Additional District Judge, Guntur, dismissed O.S.No.159 of 2007 and decreed suits in O.S.No.46 of 2005 and O.S.No.160 of 2007 on erroneous appreciation of law and fact. Aggrieved by the dismissal of suit O.S.No.159 of 2007, the petitioner preferred appeals before this Court.
Respondent No.8 is hell-bent on lodging one after another complaint with the same set of facts pertaining to the land in D.No.44/A claimed by respondent No.9 and her sister. Respondent No.7 in collusion with respondent Nos.8 and 9 having registered a case against the petitioner to make him to heed to the demand of respondent Nos.8 and 9, to forego his valuable property and by misleading respondent No.5 by suppressing the real facts, obtained orders to open a rowdy sheet dated 17.11.2017 against the petitioner and transferred the same to respondent No.6.
The petitioner sent representations to respondent Nos.2, 3 and 5 bringing to their knowledge about the illegal action of the respondent Nos.6 and 7, but no purpose was served. Therefore, the petitioner filed the present petition and requested to close the rowdy sheet opened against him.
Respondent Nos.1 to 7 filed counter alleging that the petitioner involved in Crime No.22 of 2006 for the offences punishable under Section 420, 468, 474 read with 34 of I.P.C. and Section 156 (3) of Cr.P.C. of Pattabhipuram Police Station, wherein the petitioner is MSM,J WP_15579_2018 3 accused No.1 and he was convicted and sentenced to undergo imprisonment for a period of one year and to pay fine of Rs.500/- vide C.C.No.79 of 2008; and crime No.312 of 2014 was registered under Section 120 (B), 420, 468, 471 read with 34 of I.P.C. and Section 4 and 5 of A.P. Land Grabbing (Prohibition) Act of Pattabhipuram Police Station, wherein also the petitioner is arrayed as accused No.1, and the same is pending trial vide C.C.No.1 of 2017. In view of the involvement of the petitioner in the above cases and his unlawful activities, the rowdy sheet was opened against the petitioner at Pattabhipuram Police Station on 27.08.2015 as per the orders of the Assistant Superintendent of Police, West Division, Guntur, vide C.No.91/ASP-WD/2015, dated 27.08.2015. Thereafter, the rowdy sheet of the petitioner was transferred to the Kothapet Police Station. It is also contended that to curb and curtail the unlawful activities of the petitioner, the police authorities opened the said rowdy sheet and prayed to dismiss the petition During hearing, learned counsel for the petitioner reiterated the contentions urged in the petition.
Learned Assistant Government Pleader for Home contended that a rowdy sheet may be opened in accordance with Standing Order No.601 of the Andhra Pradesh Police Manual and Standing Order No.601 reads as follows:
"The following persons may be classified as rowdies and Rowdy Sheets (from 80) may be opened for them under the orders of the SP/DCP and ACP/SDPO.
a . Persons who habitually commit, attempt to commit or abet the commission of, offence involving a breach of the peace, disturbance to public order and security.
b. Persons bound over under Sections 106, 107, 108 (1) (i) and 110
(e) and (g) of Cr.P.C.
c. Persons who have been convicted more than once in two consecutive years under sections 59 and 70 of the Hyderabad City MSM,J WP_15579_2018 4 Police Act or under Section 3, Clause 12, of the A.P. Towns Nuisances Act.
d. Persons who habitually tease woman and girls and pass indecent remarks.
e. Rowdy Sheets for the rowdies residing in one Police Station area but found frequenting the other PSs area, can be maintained at all such Police Stations.
f. Persons who intimidate by threats or use of physical violence or other unlawful means to part with movable or immovable properties or in the habit of collecting money by extortion from shopkeepers, traders and other residents.
g. Persons who incite and instigate communal/caste or political riots.
h. Persons detained under the AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1966 for a period of 6 months or more.
i. Persons who are convicted for offences under the Representatives of the Peoples Act for rigging and carrying away ballot papers, Boxes and other polling material." It is further contended that the acts of the petitioner would fall within the circumstances enumerated therein and requested to dismiss the petition.
As seen from the material on record, crime No.22 of 2006 on the file of Pattabhipuram police station, was registered against the petitioner for the offence punishable under Section 420, 468, 474 read with 34 of I.P.C. based on the private complaint filed before the Magistrate. After completion of investigation, the same was registered as C.C.No.79 of 2008 and another crime No.312 of 2014 on the file of Pattabhipuram Police Station was registered against the petitioner for the offence punishable under Section 120 (B), 420, 468, 471 read with 34 of I.P.C. and under Section 4 and 5 of A.P.Land Grabbing (Prohibition) Act. In C.C.No.79 of 2008, the petitioner was found guilty and convicted and Crl.R.C.No.1290 of 2017 is pending before this Court.
MSM,J WP_15579_2018 5 Learned Assistant Government Pleader for Home contended that the acts committed by the petitioner would fall within clause (h) of the Standing Order No.601 of the Andhra Pradesh Police Manual. Clause (h) enables the police to open rowdy sheet against the Persons detained under the AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1966 for a period of 6 months or more.
In the present case, the petitioner was not detained under the A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1966. Clause (h) of Standing Order No.601 of the Andhra Pradesh Police Manual cannot be applied to open rowdy sheet against the petitioner. However, the petitioner was found guilty for the offence punishable under Section 420, 468, 474 read with 34 of I.P.C. in C.C.No.79 of 2008, but that would not attract any of the clauses enumerated in Standing Order No.601 of the Andhra Pradesh Police Manual. Thereby, the opening of rowdy sheet without any basis is illegal and arbitrary exercise of power by the police.
When the petitioner did not commit any act, which falls within clauses (a) to (i) of Standing Order No.601 of the Andhra Pradesh Police Manual, opening of rowdy sheet is nothing but arbitrary exercise of power by the police authorities. Therefore, the rowdy sheet opened against the petitioner is liable to be set aside.
In the result, writ petition is allowed, declaring the action of the respondents, more particularly respondent No.5 to 7, in opening a rowdy sheet dated 17.11.2017 against the petitioner and calling upon the petitioner to provide finger print and photographs as illegal and arbitrary, while directing respondent Nos.5 to 7 to remove the MSM,J WP_15579_2018 6 rowdy sheet opened against the petitioner and remove the name of the petitioner from rowdy sheet/suspect sheet board in the concerned police station henceforth. No costs.
The miscellaneous petitions pending, if any, shall also stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 30.12.2019 Ksp