LAWS(APH)-2017-10-26

MAKALA PULLAIAH Vs. STATE OF ANDHRA PRADESH

Decided On October 16, 2017
Makala Pullaiah, S/O Anjaneyulu, ... Appellant
V/S
The State Of Andhra Pradesh Rep. By ... Respondents

JUDGEMENT

(1.) This Writ Petition is filed for a mandamus declaring the action of the respondents in listing the petitioner as a member of Suspect sheet/Rowdy sheet vide Proc. No. KI/34, dated 27.04.2012 and still continuing the same on the file of 3rd respondent-Station House Officer, Bantumalli Police Station, Bantumalli, Krishna District, as illegal and arbitrary.

(2.) As could be made out from the averments in the affidavit filed in support of the Writ Petition, the petitioner is a farmer and a resident of Arthamuru Village, Bantumilli Mandal of Krishna District. It is submitted that due to village politics, on the complaint given by one Makala Venkata Rao, he was falsely implicated in Crime No. 72 of 2011 of Bantumilli Police Station for the offence under Section 379 IPC and the same was numbered as C.C. No. 140 of 2011 on the file of the Judicial First Class Magistrate Court at Bantumilli. In the said case, after trial, the petitioner was acquitted on 002015. Based on the above said Crime, a suspect sheet was opened against him on 27.04.2012 vide KI/31 and is being continued though he was acquitted of the charge. Further submitted that, even the respondents have not served a copy of the order and the reasons to open a Rowdy Sheet against him. According to the petitioner, without there being any case pending against him, opening of rowdy sheet and continuation of the same is violative of the Standing Orders 733 to 742 and 749 of the A.P. Police Manual. Inasmuch as, in only one case, the petitioner was implicated, which was ended in acquittal, continuation of the rowdy sheet cannot be sustained. Therefore, he prayed to set aside the impugned Suspect Sheet/Rowdy Sheet, dated 27.04.201

(3.) Heard the learned counsel for the petitioner.