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Showing contexts for: attempt to murder in Yerramseti Venugopal Rao, vs The State Of Andhra Pradesh on 12 May, 2020Matching Fragments
(a) The petitioner in W.P.No.17667/2019 was involved in 16 crimes apart from Cr.No.688/2018 and Cr.No.304/2019.
Cr.No.304/2019 relates to an offence under Section 307 IPC. The other petitioners in W.P.No.17668/2019, 18301/2019 & 18305/2019 are involved in Cr.No.304/2019. Since it is an offence for an attempt to commit murder, to curb their unlawful activities the then Sub- Divisional Police Officer vide proceedings in C.No.27/SDPO- SD/2019, C.No.28/SDPO-SD/2019, C.No.29/SDPO-SD/2019 and C.No.30/SDPO-SD/2019 dated 09.05.2019 opened rowdy sheets against the petitioners and after renewal from time-to-time, the same are being continued on the rolls of Nallapadu P.S. As per the revised A.P. Police Manual as approved under G.O.Ms.No.19 dated 14.02.2017, rowdy sheet can be opened against the person against whom charge sheet is filed under offence of murder and attempt to commit murder. The police Standing Order 602(2) provides for continuation of a rowdy sheet in the circumstances mentioned in the said Order. Unless a close watch is being maintained against the petitioners, there is every chance that they may repeat the offences. Further, due to the fear of the petitioners no one is turning up to the Police Station to lodge fresh complaints. Hence, in view of the public interest and also the interest of residents where the petitioners are residing, the rowdy sheets are continued against the petitioners. If rowdy sheets are closed, there is every chance for them to win over the witnesses. The allegations in the writ petitions are false and hence, the writ petitions may be dismissed.
He thus prayed to allow the writ petitions.
6. Per contra, learned Government Pleader for Home would argue that as per the amended Order 601, rowdy sheets can be opened in respect of those persons against whom even a single charge sheet is filed for the grave offences like murder, attempt to commit murder, rape etc. Referring to Serial Nos.5, 6 & 11 of Order 601, he would submit that since the offences referred in those Serial numbers are grave ones, it is mentioned therein that if any person is charge sheeted for such offences, rowdy sheet may be opened against such person. He further argued, since murder and attempt to commit murder are also grave offences, filing of single charge sheet was considered sufficient to open rowdy sheet. Referring to the term "charge sheets"
(2001) 6 SCC 260 (1965) 35 AWR 564 = MANU/UP/0198/1964 appearing in Serial No.12, he would argue that the said plural noun refers to two distinct offences i.e., murder and attempt to commit murder. That does not mean one should be involved in two murders or two attempt to commit murders or one murder and one attempt to commit murder and multiple charge sheets should be filed against him for opening a rowdy sheet. He would reiterate that the plural noun "charge sheets" was employed because two different offences are referred in that sentence.
11. Therefore, a close scrutiny of Order 601 pellucidly tells us that offences like Rape, Acid attacks, offences under POCSO Act, 2012, offences involving assault on public servants, committing offences under Arms Act appear to have been rated as grave offences by the framers of the A.P. Police Manual and considered that a single charge sheet for such offences was sufficient for opening rowdy sheet. It is in this context when Serial No.12 is perused, it is mentioned therein that persons on whom charge sheets filed under the offence of murder and attempt to murder (302 & 307 IPC), can be classified as rowdies and rowdy sheets can be opened. There is no gain saying that the offence of murder and its attempt are grave offences. So, going by the previous entries in Serial Nos.5, 6, & 11, it can be said that a single charge sheet for the offence of murder (302 IPC) or attempt to murder (307 IPC) is suffice to open a rowdy sheet. As rightly pointed out by the learned Government Pleader, plural noun "charge sheets" is employed because two distinct offences i.e., murder and attempt to murder are referred there. In my considered view, Serial No.12 can also be interpreted otherwise as- "persons on whom charge sheet is filed under the offence of murder or attempt to murder (302 & 307 IPC)". Therefore, this Court agrees with the contention of the learned Government Pleader that a single charge sheet is suffice. Even otherwise, as submitted by him, the term "charge sheets" can be interpreted as singular noun "charge sheet" by virtue of Section 3(35) of the A.P. General Clauses Act, 1891 which says that words in the singular shall include the plural and words in the plural shall include the singular. In the case of Rinku Alias Hukku (supra 4), the Division Bench of the Allahabad High Court interpreted the word "activities" appearing in Section 2(c) of the U.P. Gangsters and Anti- social Activities Prevention Act, 1986 as "activity". In the instant case, if the word "charge sheets" is interpreted as "charge sheet", then Serial No.12 shall be read as "Persons on whom charge sheet is filed under the offence of murder or attempt to murder (302 or 307 IPC). For the aforesaid reasons I am unable to accept the contention of the learned counsel for petitioners that more than one charge sheet is essential. Consequently, the decisions cited by him have no application.