Writ Petition No. 29971 of 2012 · Andhra Pradesh High Court

This writ petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking to issue a Writ of Mandamus declaring the action of the respondents, in not closing the rowdy/history-sheet No.130/BVRM-II/WG/03, dated 14.12.2003 against the petitioner by the second respondent as illegal, arbitrary, high handed and violative of Article 21 of the Constitution of India and contrary to Standing Order 602 of A.P. Police Standing Orders and consequently direct the second respondent to close the rowdy/history-sheet No.130/BVRM- II/WG/03, dated 14.12.2003, which was being opened against the petitioner.

The brief facts that are necessary for the disposal of the present writ petition may be stated as follows : The petitioner was shown as accused in 3 Calendar Cases viz., (i) in C.C. No.619 of 2001, which was taken on file by the Principal Senior Civil Judge, Bhimavaram, the petitioner was acquitted in the month of June, 2006, (ii) in C.C. No.485 of 2004, which was registered for the offences punishable under Sections 341 and 353 of I.P.C., petitioner was acquitted on 12.11.2009 and (iii) in C.C. No.57 of 2006, on the file of the Judicial Magistrate of First Class, Bhimavaram which was taken on file for the offences under Section 120-B of I.P.C. and Sections 136 (1) (e) (f) r/w (2)(b) of Representation of People Act, 1951 and Section 7(1) 2 of Criminal Law Amendment Act, 1932, he was acquitted on 23.06.2006. On 23.06.2006 one more C.C. No.769 of 2010 was registered against the petitioner and others for the offences punishable under Sections 120-B, 353, 506 and 109 of I.P.C. and another C.C. No.37 of 2009 were pending against the petitioner. Subsequently, two cases viz., (i) Crime No.127 of 2001, registered for the offences punishable under Sections 120-B and Sections 136 (1)(e) (f) r/w (2)(b) of Representation of People Act, 1951 and Section 7(1) (a) (b) of Criminal Law Amendment Act, 1932 and (ii) in Crime No.175 of 2003, registered for the offences punishable under Sections 342, 353 of I.P.C. and Section 7 of Criminal Law Amendment Act, 1932 were pending before the II Town Police Station, Bhimavaram.

The learned Assistant Government Pleader for Home, states that the appropriate decision has to be taken by the Sub-Divisional Police Officer, Narsapuram, with regard to closure of the rowdy sheet, which was pending against the petitioner.

Therefore, taking into consideration the fact that C.C. Nos.769 of 2010 and 37 of 2009 and also Crime Nos.127 of 2001 and 175 of 2003, on the file of II Town Police station, Bhimavaram, are pending against the petitioner, appropriate decision with regard to closure of the rowdy sheet, opened in the name of the petitioner, has to be taken by the Sub-Divisional Police Officer, Narsapuram, the writ petition is disposed of directing the petitioner to file an application before the Sub-Divisional Police Officer, Narsapuram, West Godavari District, seeking to close the rowdy sheet pending against the petitioner and thereafter the concerned Sub-Divisional Police Officer, shall consider the same, in accordance with law, particularly with reference to the Standing Order 602 of A.P. Police Standing Orders. No order as to costs. Miscellaneous petitions pending, if any, filed in this writ petition shall stand closed. _________________ K.C. BHANU, J. Date.25.09.2012. Dsh. HON’BLE SRI JUSTICE K.C. BHANU 135 WRIT PETITION No.29971 OF 2012 DSH September 25, 2012