TEMKE KISHAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Petitioners instituted this writ petition alleging that illegally a rowdy sheet was opened and police harassing the petitioners by calling them for attendance in the police station. The petitioners averred in the affidavit filed in support of the writ petition that a false case was registered against them in Crime No.01 of 2003 under Sections 147, 148, 354, 436, 324 read with 149 of the Indian Penal Code. Sessions Case No.411 of 2003, which was taken up as a result of the registration of Crime No.01 of 2003, ended in acquittal by the learned Assistant Sessions Judge, Asifabad, dated 02.08.2006. The petitioners, therefore, contend that except the above false criminal case, which was ultimately ended in acquittal, there is no other crime registered against them and, therefore, opening of rowdy sheet, continuation of said proceedings and harassing them is against their right to personal liberty, dignity and honour and, therefore, prays to issue a writ of mandamus declaring the action of the respondents in including the names of the petitioners in the history sheet and pasting the photos in the list of history sheeters as illegal, ultra vires and unconstitutional.

(2.) The learned Government Pleader furnished written instructions dated 13.08.2013 singed by the Sub-Inspector of Police (Additional) Sirpur Town Police Station, Adilabad. As per the written instructions, it appears that fourth petitioner-Durga Nam Dev expired on 17.03.2011. In view of the same, the writ petition abates insofar as the 4th petitioner is concerned.

(3.) The written instructions furnished by the Sub-Inspector of Police disclose that the petitioners were involved in several crimes. Crime No.17 to 21 of 2004 were registered against them. The Mandal Executive Magistrate, Sirpur, bound over the petitioners 1 to 3 with regard to the above crimes. Similar orders of bound over were also passed on 07.03.2009, 16.07.2010, 03.09.2011 and 15.07.2013 in other crimes. It is stated that rowdy sheets of the petitioners were opened on 01.06.2003 and it is continued on account of involvement of the petitioners in the crimes regularly. It is contended that petitioners are having criminal mentality, pick up quarrel with the people on petty issues and creating problems in maintaining law and order.