Jakkula Narasimha Moorthy v. The State of A.P., rep., by its
Case at a glance
Outcome
Allowed
In the above circumstances, the writ petition is allowed and
Provisions considered
- Indian Penal Code, 1860 ss. 292(ii)(a), 384, 420, 511
- Arms Act, 1959 s. 27(1)
- Constitution of India art. 21
Judgment
Cause title
Counsel for the petitioner:
Sri Venkateshwar Varanasi Counsel for the respondents: AGP for Home This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5046 of 2010
ORDER:-
Operative part
This writ petition is filed for a Mandamus to declare the action of the respondents in opening rowdy sheet against the petitioner as illegal and arbitrary. In the counter affidavit filed by the Sub-Inspector of Police, Ramakrishnapur Police Station, Adilabad District, it is inter alia stated that the petitioner was involved in two cases, namely, Crime No.141 of 2006 registered for the offence under Section 420 IPC on the file of Nuzvid Police Station, Krishna District and Crime No.56 of 2009 for the offence under Section 27(1) of the Arms Act, 1959 and Sections 292(ii)(a) and 384 read with Section 511 IPC on the file of Ramakrishnapur Police Station. It is further stated that with respect to the first case, the same ended in a compromise before Lok Adalat on 25.07.2009 and the second case is pending trial as CC.No.403 of 2009 on the file of I Additional Judicial First Class Magistrate, Mancherial. Though it is stated in the counter affidavit that to curb and curtail the unlawful activities, the rowdy sheet is opened, no specific details have been furnished with regard to these alleged unlawful activities. Undoubtedly, opening of a rowdy sheet curtails the individual freedom and liberty guaranteed under Article 21 of the Constitution of India. Therefore, in opening rowdy sheets, proper care is required to be taken by the police to see that only in cases where provisions of Police Standing Order No.601 are satisfied, such rowdy sheets are opened. On a careful perusal of the facts, I am of the view that none of the clauses mentioned in Police Standing Order No.601 have been satisfied. Mere involvement in a stray case cannot be a ground to open a rowdy sheet against a citizen. In the above circumstances, the writ petition is allowed and the respondents are directed to close the rowdy sheet against the petitioner. This order, however, does not preclude respondents from opening the rowdy sheet, if in future the petitioner indulges in activities, which cause breach of peace and tranquility in the society. As a sequel to disposal of the writ petition in the manner indicated above, WPMP.No.6517 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. _____________________________ C.V. NAGARJUNA REDDY, J Date: 19.03.2010 ES
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the above circumstances, the writ petition is allowed and
Which statutory provisions did this judgment involve?
Indian Penal Code, 1860 — ss. 292(ii)(a), 384, 420, 511; Arms Act, 1959 — s. 27(1); Constitution of India — art. 21.
Which court decided this case, and when?
Andhra Pradesh High Court, on 19 Mar 2010. The bench was C V NAGARJUNA REDDY.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.