Andhra Pradesh High Court - Amravati
Kanuganti Siva Krishna Krishna ... vs The State Of Andhra Pradesh on 1 May, 2024
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
APHC010958032018
IN THE HIGH COURT OF ANDHRA
PRADESH
[3327]
AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY ,THE FIRST DAY OF MAY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 46265/2018
Between:
Kanuganti Siva Krishna @ Krishna @ ...PETITIONER(S)
Chinnodu and Others
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. SEETA RAMAIAH TENNETI
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 respondents herein in opening and continuing the rowdy sheet against the petitioners herein, as illegal and arbitrary.
2. Case of the Writ Petitioners, in brief, is that in the year 2016 a case in Crime No.65 of 2016 of Tadepalli Police Station, Guntur District was registered against them for the offences punishable 2 under Sections 326A, 120B and 114 r/w 34 IPC. The petitioners got acquitted in the said crime by the learned Assistant Sessions Judge, Mangalagiri on 25.11.2019 in S.C.No.454 of 2019. The further case of the petitioners herein is that except the above said crime, no other crime was registered against them and in spite of that the respondent police opened rowdy sheet against them. Hence, they filed the present Writ Petition.
3. A counter affidavit has been filed on behalf of respondent No.3 stating that the petitioners herein are involved in Crime No.65 of 2016 of Tadepalli Police Station, Guntur District, registered for the offences punishable under Sections 326A, 120B and 114 r/w 34 IPC and were acquitted vide Judgment dated 25.11.2019 in S.C.No.454 of 2019 on the file of the Assistant Sessions Judge, Mangalagiri. It is further stated that to curb and curtail the unlawful activities of the petitioners herein in the vicinity, the SHO, Tadepalli Police Station, Guntur District, opened suspect sheet against the petitioners herein after getting permission from the Deputy Superintendent of Police, Tadepalli Sub Division, vide C.No.36/ BCs/SDPO-NORTH/GTR(U) /2016, dated 07.04.2016. It is further stated that as per the APPM Order No.601, the following persons may be classified as rowdies and 3 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 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 4 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."
It is further stated in the counter affidavit that except the above mentioned case, no other case was registered or is pending against the petitioners herein on the file of Tadepalli Police Station, Guntur District.
5
4. Heard. Perused the material on record.
5. In the year 2016, a case in Crime No.65 of 2016 of Tadepalli Police Station, Guntur District was registered against the petitioners for the offences punishable under Sections 326A, 120B and 114 r/w 34 IPC and they were acquitted vide Judgment dated 25.11.2019 in S.C.No.454 of 2019 on the file of the learned Assistant Sessions Judge, Mangalagiri. Admittedly, as per the counter affidavit, no other case is pending against the petitioners herein as on today. It is not the case of the respondent police that the petitioners have been shown as accused in any other case or they were directed to bind over under Section 107 Cr.P.C. Going by the Police Standing Order No.601, the petitioners would not come within the purview of any of the clauses mentioned therein. Clause 1 of the Police Standing Order No.601 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 case registered against the petitioners herein, there are no other cases pending against them. By virtue of the same, it can safely be inferred that the petitioners herein would not 6 come within the purview of habitual offender. Neither they abetted the commission of offences involving breach of peace nor they were responsible for causing disturbances to public order or security. When such is the case, continuation of suspect sheet against the petitioners 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 suspect sheet opened against the petitioners herein is hereby set aside. 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 01.05.2024.
PSA 7 THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 46265 of 2018 Date: 01.05.2024 PSA