MUTYALA VENKATACHALAM Vs. GOVT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition was filed by five petitioners to issue a writ of mandamus directing the respondents to close the rowdy sheet Nos. 71, 52, 50, 43 and 31 respectively which were opened by the Jaggaiahpet Police Station, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India.

(2.) The brief facts of the case are that the petitioners are the residents of Jaggaiahpet town of Krishna District and they are eking out their livelihood by running hard business and petty shops. The petitioner No. 1 is having a cycle shop, the petitioner No. 2 runs a small pesticides shop, the petitioner No. 3 does business of selling scrap, petitioner No. 4 is driver and the petitioner No. 5 is a petty contractor, especially prior to three to four years of the filing of this writ petition, they leading a peaceful life without involving in any criminal activities. Initially, the officials of Jaggaiahpet Police Station registered a case in crime No. 32 of 1994 under Section 324 read with Section 34 of the Indian Penal Code against the first petitioner and some others and the same was numbered as CC No. 75 of 1994, which ended in acquittal in view of the compromise between the parties, before the Judicial Magistrate of First Class, Jaggaiahpet on 17-4-1995. Another case in Cr. No. 12 of 1994 for the offence u/s. 324, r/w, 34, IPC was registered, which was registered as CC No. 37 of 1994, also was comprised and the petitioner was acquitted by the Judicial Magistrate of First Class, Jaggaiahpet, on 24-10-1994. In another case, in Crime No. 17 of 1993 registered against the first and second petitioner they were acquitted on 11-7-94 by the same Court. C.C. No. 86 of 1993 filed by the Jaggaiahpet Police Station against the petitioners 3, 4, and 5 under Section 324 r/w 34, I.P.C. also ended in acquittal after trial by the same court, by its judgment dated 28-7-94. In CC No. 86 of 1994, registered against petitioner No. 4 and others the petitioner was acquitted on 17-4-1995. In CC No. 273 of 1996 registered against petitioner No. 5, he was acquitted in view of the compromise arrived at before the Lok Adalath. Therefore, from the year 1995 onwards, the first petitioner is not involved in any criminal cases. It is further alleged by the petitioners in their affidavit that as per law, the respondents are not reviewing the necessity of continuing the rowdy sheet opened against them, in contravention of the Police Standing Order. They further submitted that whenever there is any commotion or nuisance in the town, the petitioners were taken into custody and are subjected to unnecessary harassment by the respondents. It is further contended by the petitioners that the rowdy sheets are continued without obtaining the prior approval of the Superintendent of Police. Krishna district. The petitioner No. 1 further stated that from 1995 onwards he is not involved in any criminal cases except 75 of 1999, in which he was falsely implicated by the officials of the Jaggaiahpet Police Station. Therefore, filed the writ petition contending that the action of the respondents in opening and continuing the rowdy sheets against them is contrary to the Police Standing Order 742 and offending their personal liberty guaranteed under Article 21 of the Constitution of India and consequently to quash the rowdy sheets opened against them.

(3.) In reply to the above contentions raised by the petitioners. Sri P. Murli Rama Krishna, Station House Officer, Jaggaiahpet Police Station, the fourth respondent herein filed counter-affidavit admitting the opening of rowdy sheets against the petitioners. It is further submitted that except petitioner No. 2 the other petitioners were involved in crime No. 96 of 1999 dated 10-7-99 and therefore, it is just and necessary to continue their names in the rowdy sheet. He further submitted that the petitioners are disturbing public peace and tranquillity and denied that they are leading a peaceful life without being involved in criminal activities. It is further stated that the first petitioner is involved in the following crimes of Jaggaiahpet Police Station :