AVVARU CHANDRA MOULI Vs. STATE OF A.P

JUDGEMENT

(1.) This writ petition is filed for a Mandamus, declaring the action of respondents in opening rowdy sheet and continuing the same, as illegal, irrational and violative of Articles 14 and 21 of the Constitution of India and consequently prayed to quash the said rowdy sheet.

(2.) The factual matrix of the writ petition may be stated as follows:- An F.I.R. in Crime No.87 of 2002 was registered against the petitioner by Chirala I Town Police for the offences punishable under Ss. 307, 324 r/w 109 of the Indian Penal Code, 1860 (for short "I.P.C."). After completion of investigation, eventually police filed charge sheet against the petitioner in S.C.No.402 of 2002 on the file of learned Assistant Sessions Judge, Chirala of Prakasam District. It is alleged that the trial in the said case was completed and the petitioner was not found guilty for the said offences along with other accused and that the trial Court acquitted the petitioner of the said offences as per the judgment passed to that effect on 20/12/2003. No other case was registered against the petitioner and no criminal case is pending against him. It is stated that the respondent-police opened a rowdy sheet No.43 against the petitioner during the pendency of the said criminal case against him. However, it is stated that even after the petitioner was acquitted in the said criminal case, that the police did not close the said rowdy sheet and has been continuing the same illegally. It is also stated that police are summoning the petitioner to the police station frequently since the rowdy sheet is pending against him and has been interfering with his personal liberty. Therefore, the petitioner sought for the aforesaid reliefs in the writ petition.

(3.) In the counter-affidavit filed by the 3rd respondent, while admitting that the petitioner was acquitted in the said case in S.C.No.402 of 2002 on the file of learned Assistant Sessions Judge, Chirala of Prakasam District as per the judgment pronounced on 20/12/2003, it is alleged that about several crimes were registered against the petitioner i.e. (1) Crime No.85/2007 under Sec. 110(E) Cr.P.C., (2) Crime No.83/2013 under Sec. 110(E) Cr.P.C., (3) Crime No.32/2014 under Sec. 110(E) Cr.P.C., (4) Crime No.39/2014 under Sec. 109 Cr.P.C., (5) Crime No.18/2017 under Sec. 110(E) Cr.P.C., (6) Crime No.36/2019 under Sec. 110(E) Cr.P.C., (7) Crime No.139/2019 under Sec. 151 Cr.P.C., (8) Crime No.51/2020 under Sec. 110(E) Cr.P.C. and (9) Crime No.228/2020 under Sec. 110(E) Cr.P.C., as he has been indulging in unlawful activities disturbing the public peace and tranquility and that the Sub-Divisional Police Officer of Chirala Sub-Division issued instructions to the Sub- Inspector of Police of I Town Police Station, Chirala to open rowdy sheet against the petitioner and others and accordingly the rowdy sheet has been opened and thereafter the said rowdy sheet is being continued and renewed from time to time.