Andhra Pradesh High Court - Amravati
Uggina Govinda Raju Govindu vs The State Of Andhra Pradesh on 12 April, 2024
Author: K Sreenivasa Reddy
Bench: K Sreenivasa Reddy
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
TUESDAY, THE TWELFTH DAY OF MARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
|'
THE HON'BLE SRI JUSTICE K SREENIVASA REDDY
WRIT PETITION NO: 29152 OF 2023
Between:
Uggina Govinda Raju @ Govindu, S/o Appala Naidu Aged 54 years, R/o
Akkireddypalem Village Gurrampalem Panchayathi Pendurthi,
Visakhapatnam City.
...PETITIONER
AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home
Department, Secretariat Buildings, Amaravathi, Guntur District.
2. The Director General of Police, State of Andhra Pradesh DGP Office,
Amaravathi, Guntur District
3. The Assistant
Commissioner of Police, West Sub- Division,
Visakhapatnam City.
4. The Station House Officer, Pendurthy Police Station, Visakhapatnam
City.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in
the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue
a Writ of Mandamus or any other appropriate Writ,
Order or direction declaring the opening and continuation of Rowdy Sheet
No. 01/2009, dated- 03.03.2009 against the Petitioner as arbitrary, illegal,
malafide and violation of Article 21 of the Constitution of India and
consequently direct the Respondents herein to close the Rowdy Sheet No.
01/2009, dated- 03.03.2009, opened against the Petitioner and further
direct the respondents to not to i
interfere with the personal liberty of the
Petitioner.
IANOMOF2023
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed i
in support of the writ petition, the High Court
may be pleased to direct the Respondents herein) not to call the petitioner
to attend before the 4"' Respondent police station, in furtherance of Rowdy
Sheet No. 01/2009. dated- 03.03.2009 against the petitioner, pending
disposal of the Writ Petition before this Hon'ble Court.
Counsel for the Petitioner: SRI ARRABOLU SAI NAVEEN
Counsel for the Respondents No.1 to 4: GP FOR HOME
The Court made the following: ORDER
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.29152 of 2023
Order ;
This Writ Petition is filed seeking to declare the action
of respondents in opening and continuing rowdy sheet
bearing No. 01 of 2009, dated 03.3.2009 in the name of the
petitioner as illegal and arbitrary and consequently direct
the respondents to close the said rowdy sheet.
2.
Case of the writ petitioner is that cases in Crime
No.223 of 2008 for the offences punishable under Sections
323, 324, 506 r/w 34 IPC; Crime No.7 of 2009 for the
offences punishable under Sections 506, 324 and 341 IPC;
Crime No.219 of 2009 for the offences punishable under
Sections 323, 379 and 448 IPC and Crime No.365 of 2009
for the offence punishable under Section 3(1) (x) of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities Act) 1989 were registered against him and he
was acquitted in all the above crimes. Except the aforesaid
cases, no other cases are pending against the petitioner
and therefore, the Rowdy Sheet opened against him ought
to have been closed. Hence, the Writ Petition.
2
3.
A counter affidavit is filed by the respondent No.3
stating that the petitioner was shown as accused in
C.C.Nos.561 of 2008, 57 of 2009, 55 of 2010 on the file of
the III Metropolitan Magistrate at Visakhapatnam relating
to Crime Nos.223 of 2008, 7 of 2009 and 219 2009
respectively and also he was shown as accused in
S.C.No.18 of 2011 on the file of the Special Judge for Trail
of Cases under SCs and STs (PoA) Act, 1989relating to
Crime No.365 of 2009 and he was acquitted in all the
aforesaid mentioned cases. Except the above cases, no
other cases are pending against the petitioner herein.
4. Heard. Perused the material on record.
5.
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
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 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.
4
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.
■rying away, damaging ballot paper, boxes
car
and polling material."
Standing Order 602 (2) stipulates that 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/SP is
of the considered view that his activities are prejudicial to
the maintenance of public order or one affecting peace and
5
tranquility in the area or the victims are not coming
forward to give complaint against him on account of threat
from him.
6.
According to the petitioner, except the cases
mentioned above, no other case is pending against the
petitioner.
7.
As on today, there are no cases pending against the
petitioner herein. 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 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,
i
there are no 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. It
6
IS not the case of the respondent-police, nor is there any
material to show, that the activities of the petitioner are
prejudicial to the maintenance of public order or affecting
peace and tranquility in the area or that he is threatening
the victims from giving complaints against him. 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 rowdy sheet against the petitioner herein
would amount to abuse of process of the Court.
8.
In view of the aforesaid facts and circumstances
ci of
the case, the Writ Petition is allowed and the Rowdy Sheet
opened bearing No.l of 2009, dated 03.3.2009 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.
SD/- N. NAGAMMA
ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1. The Principal Secretary, Home Department, State of Andhra Pradesh,
Secretariat Buildings, Amaravathi, Guntur District.
2. The Director General of Police, State of Andhra Pradesh, DGP Office,
Amaravathi, Guntur District
3. The Assistant Commissioner of Police, West Sub-
Division,
Visakhapatnam City.
4. The Station House Officer, Pendurthy Police Station, Visakhapatnam
City.
.^&:^ne CC to SRI ARRABOLU SAI NAVEEN Advocate [OPUC]
6. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT]
7. Three C.D. Copies
Nm
MBT
high court
DATED;12/04/2024
ORDER
WP.No.29152of2023 4QZ allowing the wp WITHOUT COSTS