GUDIVADA SAI BABA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed for a writ, order or direction more in the nature of mandamus declaring the rowdy-sheet proceedings launched and continued by the respondents-authorities as illegal and unconstitutional and for a consequential direction to remove the petitioner's name from the Rowdy Sheet Register and to pass appropriate orders.

(2.) The case of the petitioner is that he is a law abiding citizen and a businessman running business in fancy article's and jewellery under the name and style of Sri Fancy and Ladies Corner at Peddapuram, commanding good reputation in the society. It was also stated that one M.V. Chandrasekhar of Peddapuram village filed private complaint before the Judicial first Class Magistrate, Peddapuram against 3rd respondent - Station House Officer, Peddapuram Police Station under Sections 379, 380 and 352 IPC and the same was referred to Circle Inspector, Peddapuram for investigation and the Circle Inspector is investigating the case in Cr.No. 200/2000 and no charge-sheet is filed hitherto. It is also stated that the petitioner is only an eye-witness and hence being instigated by unsocial elements the 3rd respondent - Station House Officer, Peddapuram foisted a criminal case in Cr.No. 175/2000 under Sections 354 and 447 IPC against the petitioner and the petitioner was granted anticipatory bail by the learned Additional Sessions Judge, Rajahmundry in Crl.M.P.No. 1666/2000 dated 3-11-2000 in Cr.No. 175/2000. It is also stated that since the petitioner is an eye-witness in Cr.No. 200/2000, his name was entered in the rowdy-sheet illegally 20 days back and from the said time onwards, the 3rd respondent has been making the writ petitioner to sit in Police Station during his business hours without any reason restricting his free movements. It is also specifically stated that invading the personal liberty of the petitioner under the guise of surveillance by detaining him in the Police Station and disturbing his day-to-day business and calling him to Police Station at odd hours of night is ultra vires the Constitution of India, especially Article 21 of the Constitution of India. It was further stated that none of the conditions contemplated by Standing Order 742 of A.P. Police Standing Orders are fulfilled in the present case and the inclusion of the name of the petitioner as a rowdy sheeter in the rowdy-sheet is in violation of the Standing Order 742 of the A.P. Police Standing Orders.

(3.) The 3rd respondent filed a counter- affidavit in detail. It is stated that the petitioner is indulging in illegal activities and in fact Sri Fancy and Ladies Corner at Peddapuram, East Godavari District is a big trap place to create prostitution in Peddapuram village. It is also stated that Sri M.V. Chandrasekhar is a close associate and illegal business partner of the petitioner and he filed a false case before the Judicial First Class Magistrate, Peddapuram and the same was forwarded to Inspector of Police, Peddapuram for investigation and the same was referred as false and also observed that it is a counterblast to demoralize the investigation in Cr.No. 175/2000. It is further stated that the 2nd respondent is no way concerned with the criminal case filed by one Sri M.V. Chandrasekhar in which the petitioner allegedly incorporated himself as a witness. It is further stated that the 2nd respondent is a District Officer having his office and establishment at Kakinada, but without knowing anything and without acquainted with the facts, the address was shown as the D.S.P. Peddapuram which is false and baseless. It is further stated that the rowdy-sheet was opened after obtaining full and correct antecedents on 1-12-2000 as per the orders of the Sub-Divisional Police Officer, Peddapuram dated 22-11-2000. All the other allegations also had been specifically denied. It is also stated that the G.D. entries and the oral statements of the convicted prostitutes clearly support the contents of the Standing Order 736(b) "Persons not convicted but believed to be addicted to crime". It is further stated that Standing Order 742 also is attracted and the name of the writ petitioner was included after observing all the legal formalities in accordance with the provisions of law and in accordance with the A.P. Police Standing Orders without any ulterior motive and it is also specifically stated that the writ petitioner who is a supplier of ladies by engaging them to achieve unlawful gain, has been indulging in illegal activities and hence to keep surveillance over the activities of the petitioner, the rowdy-sheet has to be maintained. It is also stated that this measure is taken to prevent prostitution and also to save the humanity from the clutches of incurable and dangerous diseases like AIDS so as to save Peddapuram village, the State of Andhra Pradesh and in the interests of public at large.