Andhra Pradesh High Court - Amravati
Medisetti Apparao, vs The State Of Andhra Pradesh, on 13 July, 2022
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION No.7148 of 2022
ORDER:-
This Writ Petition for mandamus is filed to declare the action of respondents 3 and 4 in opening rowdy sheet No.07 of 2015 against the petitioner as illegal and in contravention of Order 601 of the A.P. Police Manual and Order 742 of the A.P. Police Standing Orders and consequently prayed to quash the said rowdy sheet that was opened against the petitioner.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondents 1 to 4.
3. Earlier about four crimes were registered against the petitioner in Crime No.109 of 2013 for the offences punishable under Section 294 IPC and under Section 6 of the IRWA and subsequently charge sheet was filed in C.C.No.35 of 2015 on the file of the learned I Additional Metropolitan Magistrate, Visakhapatnam; Crime No.197 of 2013 for the offences punishable Section 447 IPC and under Section 4 of the A.P. Land Grabbing Act and after investigation, charge sheet was filed in C.C.No.2 of 2015; Crime No.327 of 2013 for the offences punishable under Sections 447, 427 IPC and under Section 4 of the A.P. Land Grabbing Act and charge sheet was filed thereafter in C.C.No.6 of 2015 on the file of the learned Principal Junior Civil Judge cum Special Judge for Land Grabbing (Prohibition) Cases, Visakhapatnam and Crime No.225 of 2015 for the offences punishable under Sections 420, 468, 471 IPC and after investigation, charge sheet in C.C.No.1067 of 2018 was filed on the file of the learned VII Additional Metropolitan Magistrate, Visakhapatnam.
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4. On account of the pendency of the aforesaid four crimes against the petitioner, a rowdy sheet No.7 of 2015 was opened against the petitioner in Pendurthi Police Station. Subsequently, the petitioner was acquitted in one of the above four cases and he was convicted in one case i.e., C.C.No.35 of 2015 and fine of Rs.1200/- was imposed against him for the offence punishable under Section 294 IPC. He was acquitted in another case and one case is still pending trial.
5. The grievance of the writ petitioner is that even after he was acquitted in the case and even though the grounds contemplated under Order 601 of the A.P. Police Manual and Order 742 of the A.P. Police Standing Orders are not attracted that the rowdy sheet is being still continued against the petitioner. Therefore, the petitioner sought for quash of the said rowdy sheet that was opened against him.
6. Learned counsel for the petitioner would submit that the petitioner is not involved in any cases covered by Chapter VIII, XV, XVII, XVIII and XXII of IPC and he did not involve in any activity of disturbing the public order or security and committing breach of peace to attract Ground 1 of Order 601 of the A.P. Police Manual. Therefore, he would submit that continuation of the said rowdy sheet against the petitioner is legally unsustainable and thereby prayed to quash the same.
7. Counter has been filed by the respondents stating that the activities of the petitioner are prejudicial to the public interest and his activities are also causing disturbance to public order and security. Therefore, it is stated that Ground 1 of Order 601 of the A.P. Police Manual is attracted. It is also stated that Ground 2 of 3 Order 602(2) of the A.P. Police Manual is also attracted in the given facts and circumstances of the case. Therefore, it is prayed to dismiss the Writ Petition.
8. Learned Assistant Government Pleader for Home reiterated the pleas taken in the counter and would submit that Ground 1 of Order 601 and Ground 2 of Order 602 of the A.P. Police Manual attract to the present facts of the case and he prayed for dismissal of the Writ Petition.
9. Admittedly, the petitioner is not involved in commission of any offences covered by Chapter VIII, XV, XVII, XVIII and XXII of IPC. Ground 1 of Order 601 of the A.P. Police Manual reads as follows:
"Persons who habitually commit, attempt to commit or abet the commission of, offences involving a breach of the peace, disturbance to public order and security, besides offences under chapter VIII, XV, XVII, XVIII and XXII of IPC."
10. As already noticed supra, the petitioner is not involved in commission of any offences covered by chapter VIII, XV, XVII, XVIII and XXII of IPC. No material has been placed before this Court to substantiate the contention of the respondents that the petitioner has been habitually committing or attempting to commit the offences involving breach of the peace, disturbance of public order and security. Except making a bald assertion to that effect, no material is produced to substantiate the same to justify continuance of the rowdy sheet that was opened against him. Admittedly, no proceedings are initiated against him under Section 107 Cr.P.C and he was not bound over under Section 107 Cr.P.C. by any order passed by the competent Court in this regard. Therefore, in the said facts and circumstances of the case, the respondents cannot invoke Ground 1 of Order 601 of the A.P. 4 Police Manual for continuing the rowdy sheet that was opened against the petitioner.
11. As regards the Ground 2 of Order 602 of the A.P. Police Manual is concerned, it reads thus:
"Merely because a suspect/rowdy, having a history sheet, is not figuring as accused in the previous 5 years after the last case in which he was involved, it should not preclude the SP/DCP/CP to continue his history sheet if SP/DCP/CP is of the considered view that his activities are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area or the victims are not coming forward to give complaint against him on account of threat from him."
12. It is already noticed supra that there is no material produced before this Court to substantiate the contention of respondents that the activities of the writ petitioner are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area where the petitioner is residing. Therefore, Ground 2 of Order 602 of the A.P. Police Manual is also not attracted to justify continuance of the rowdy sheet that was opened against the petitioner. Therefore, the very opening of the rowdy sheet against the petitioner and continuing the same is clearly unsustainable under law.
13. Resultantly, the Writ Petition is allowed declaring that the opening and continuing the rowdy sheet No.07 of 2015 against the petitioner as illegal. Consequently, the rowdy sheet No.07 of 2015 that was opened against the petitioner is hereby quashed. No costs.
Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 13.07.2022 AKN 5 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY WRIT PETITION No. 7148 of 2022 Date: 13-07-2022 AKN