P APPARAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Govt. Pleader for Home.

(2.) In the instant writ petition, the petitioner prays for an appropriate writ, order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in maintaining K.D.Sheet No. 247 against the petitioner as illegal and arbitrary.

(3.) The petitioner, no doubt, was involved in some criminal cases during the year 1976, 1979 and 1980. It is required to notice that the petitioner was convicted in CC.Nos.1483/1976, 1583/76 and 181/79 respectively and he was bound over by the Executive Mandal Magistrate, Tadepalligudem in M.C.No.19/96 by an order Dt. 15-4-1996. Consequent upon the conviction, the History sheet was opened against the petitioner by the respondents in exercise of the power under Standing Order No. 734 of A.P.Police Standing Orders and the same is being continued for all these years. It is important to notice that there are no cases against the petitioner registered as such after 1980 except one proceeding u/Sec. 110 Cr.P.C. in Cr.No. 87/96 on the file of the Executive Mandal Magistrate, Tadepalligudem, It is rather difficult to appreciate as to why the History sheet opened against the petitioner is still being continued. It is not as if opening of the History sheet or K.D.sheet would not cause any harm or prejudice to the person concerned. With a view to monitor the movements of the persons against whom such History sheets are opened, the police keep watch of surveillance. In the instant case, it is complained that the petitioner is being repeatedly called to the Police Station without any reason or cause. It would certainly cause and interfere in the personal freedom of the petitioner.