V. ESWARUDU SIVA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India to declare that the action of the respondents in opening Rowdy Sheet No. 36 of 2019 on the file of Annavaram Police Station, Sankhavaram Mandal, East Godavari District as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and issue a consequential direction, setting aside Rowdy Sheet No. 36 of 2019 on the file of Annavaram Police Station, Sankhavaram Mandal, East Godavari District.

(2.) It is alleged that, that the petitioner is in respectable position, party worker of Telugu Desam Party and that the ruling party has come into power three months ago, at the instance of the local leaders of the ruling party, started tirade against the petitioner to implicate the petitioner in false and vexatious cases to tarnish his image in public. In this pursuit, the fourth respondent/Sub-Inspector of Police, at the behest of the ruling party, registered three false complaints in Crime Nos. 165 of 2019, 209 of 2019 and 211 of 2019, for the offences punishable under Sections 120-B, 341, 324, 506 r/w 149 I.P.C., Sections 143, 341, 186, 353 r/w 149 I.P.C. and Sections 324, 506 r/w 34 I.P.C. respectively.

(3.) While the matter stood thus, on 20.10.2019, the staff attached to the fourth respondent/Sub-Inspector of Police sent a message to the petitioner asking him to appear before the police station. Accordingly, the petitioner went to the police station where he was informed that a rowdy sheet against this petitioner bearing Rowdy Sheet No. 36 of 2019 was opened and they also obtained the statement of this petitioner on the same day. On coming to know about opening of Rowdy Sheet against the petitioner, he questioned the fourth respondent as to why the Rowdy Sheet was opened against him, basing on three false complaints registered against him and more so, the offences mentioned in those complaints would not warrant the police to open Rowdy Sheet.