Andhra Pradesh High Court - Amravati
Sadi Gowtham vs The State Of Ap on 6 May, 2024
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010651422023
IN THE HIGH COURT OF ANDHRA
PRADESH
[3327]
AT AMARAVATI
(Special Original Jurisdiction)
MONDAY ,THE SIXTH DAY OF MAY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 3451/2024
Between:
Sadi Gowtham ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. GALLA RAMA KOTESWARA RAO
Counsel for the Respondent(S):
1. GP FOR HOME (AP)
The Court made the following:
O R D E R:
This Writ Petition is filed to declare the action of the respondent No.3 herein in opening and continuing the suspect sheet, on the file of Nunna Police Station, Vijayawada, against the petitioner herein, as illegal and arbitrary.
2. Case of the Writ Petitioner, in brief, cases in Crime Nos.470 of 2012, 650 of 2009, 651 of 2009, 350 of 2023, 615 of 2013 and 607 of 2013 of Nunna Police Station, Vijayawada were registered 2 against him for the offences punishable under Section 380 IPC, Section 379 IPC, Section 379 IPC, Section 379 IPC, Sections 454 and 380 IPC and Section 380 IPC respectively. After full-fledged trial, all the cases are disposed of by the concerned courts. The further case of the petitioner herein is that except the above said crimes, no other crime was registered against him and in spite of that the respondent police opened rowdy sheet against him. Hence, he filed the present Writ Petition.
3. Respondent No.6 filed counter affidavit by stating that the petitioner herein is involved in cases in Crime Nos.650 of 2009, 651 of 2009, 221 of 2012, 470 of 2012, 190 of 2013, 345 of 2015, 350 of 2013, 615 of 2013, 607 of 2013 and 573 of 2013 of Nunna Police Station, Vijayawada. It is stated that cases in Crime Nos.221 of 2012, 470 of 2012, 190 of 2013, 345 of and 2015 ended in acquittal; case in Crime No.350 of 2013 was settled before Lok Adalat; cases in Crime Nos.650 of 2009, 651 of 2009 and 615 of 2013 ended in conviction and cases in Crime Nos.607 of 2013 and 573 of 2013 were compounded. It is further stated that to curb and curtail the unlawful activities of the petitioner herein in the vicinity, the SHO, Nunna Police Station, Vijayawada, opened suspect sheet against the petitioner herein after getting 3 permission from the Assistant Commissioner of Police, Central Zone, Vijayawada, vide C.No.2497/ACP.CZ/2012, dated 08.12.2012. It is further stated that as per APPM Order No.601, the following persons may be classified as rowdies and rowdy sheets may be opened for them under the orders of the SP/DCP and ACP/SDPO.
"1. Persons, who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbances to public order and security.
2. Persons bound over under Sections 106, 107, 108(1) and 110(e) and (g) of Cr.P.C.
3. Persons who have been convicted more than once in two consecutive years under Sections 59 and 70 of the Hyderabad City police Act or under Section 3, Clause 12 of the AP Town Nuisances Act.
4. Persons who habitually tease women and girls and pass indecent remarks including offences under Sections 354-A, B, C and 354-D IPC.
5. Persons who have been charge sheeted under the offence of Rape (376, 376-A, B, C, D and E IPC).
6. Persons who have been charge sheeted under the offences of POCSO Act, 2012 and Acid Attacks (326A and 326B of IPC).
7. Rowdy sheets for the rowdies residing one police station area but found frequenting the other 4 police stations area, can be maintained at all such police stations.
8. 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 including „loan sharks‟.
9. Persons who incite, instigate and participate in communal/caste or political riots.
10. Persons detained under the AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 for a period of 6 months or more.
11. Persons on whom charge sheets filed under the offence of assault on public servants, under Arms Act and such other offences punishable with imprisonment of 2 years or more.
12. Persons on whom charge sheets filed under the offence of murder and attempt to murder (302 and 307 IPC).
13. Persons on whom charge sheets filed under the offence of chain snatching.
14. Persons who are convicted under the Representation of People Act, 1951 for rigging, carrying away, damaging ballot paper, boxes and polling material."5
It is further stated in the counter affidavit that except the above mentioned cases, no other case was registered or is pending against the petitioner herein on the file of Nunna Police Station, Vijayawada.
4. Heard. Perused the material on record.
5. The petitioner herein is involved in cases in Crime Nos.650 of 2009, 651 of 2009, 221 of 2012, 470 of 2012, 190 of 2013, 345 of 2015, 350 of 2013, 615 of 2013, 607 of 2013 and 573 of 2013 of Nunna Police Station, Vijayawada. It is stated that cases in Crime Nos.221 of 2012, 470 of 2012, 190 of 2013, 345 of and 2015 ended in acquittal; case in Crime No.350 of 2013 was settled before Lok Adalat; cases in Crime Nos.650 of 2009, 651 of 2009 and 615 of 2013 ended in conviction and cases in Crime Nos.607 of 2013 and 573 of 2013 were compounded. Admittedly, as per the counter affidavit, no other case is pending against the petitioner herein as on today. It is not the case of the respondent police that the petitioner has been shown as accused in any other case or he was directed to bind over under Section 107 Cr.P.C. Going by the Police Standing Order No.601, the petitioner would not come within the purview of any of the clauses mentioned therein. Clause 1 of the Police Standing Order No.601 6 contemplates that rowdy sheets may be opened against the persons, who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbances to public order and security. In the present case on hand, except the above mentioned cases registered against the petitioner herein, there are no other cases pending against him. By virtue of the same, it can safely be inferred that the petitioner herein would not come within the purview of habitual offender. Neither he abetted the commission of offences involving breach of peace nor he was responsible for causing disturbances to public order or security. When such is the case, continuation of suspect sheet against the petitioner herein would amount to abuse of process of the Court.
6. In view of the aforesaid facts and circumstances of the case, the Writ Petition is allowed and the impugned suspect sheet opened against the petitioner herein is hereby quashed. There shall be no orders as to costs.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.
_______________________ ___ JUSTICE K. SREENIVASA REDDY 06.05.2024.
PSA 7 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 3451 of 2024 Date: 06.05.2024 PSA