GANESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS writ petition is filed seeking a declaration that the action of the 2nd respondent - Station House Officer, Shamshabad P. S. in summoning the petitioners herein to the police station frequently on the ground that the names of the petitioners are in the list of rowdy-sheeters is arbitrary, illegal and unreasonable. The petitioners also seek a direction to the respondents to delete their names from the list of rowdy-sheeters.

(2.) THE 1st petitioner is the Sarpanch of Shamshabad Gram panchayat, whereas the 2nd petitioner is a former member of MPTC. It is alleged that at the instance of local political parties who are opposed to the petitioners, some false criminal cases were registered against them earlier. However, all the said cases were dropped at the investigation stage itself. In spite of the same, the 2nd respondent opened rowdy-sheets against the petitioners and continuing the same resulting in frequent visits of the police to the houses of the petitioners and harassment to the petitioners as well as their family members. The petitioners are also being called to the police station frequently which is affecting their day-to-day life and reputation in the society. Though the petitioners protested the same and also brought it to the notice of the higher authorities, no action has been taken and the names of both the petitioners are continued in the list of the rowdy-sheeters on the file of the 2nd respondent. Hence, the present writ petition.

(3.) A counter-affidavit has been filed by the Inspector of Police, Shamshabad p. S, stating that rowdy sheets have been opened against the petitioners on 13-08-1997 and 22-10-1998 respectively and that the same are renewed from time to time up to 31-12-2008. While stating that the petitioners are involved in several cases, the details of the same are furnished as under: petitioner No. 1 1. Cr. No. 230/1990 for the offence under Section. 326 r/w. 34 IPC (ended in acquittal on 26-9-1999 vide CC No. 338/92)2. Cr. No. 104/1991 for the offences under Sections. 147, 435, and 437 of IPC and pdp Act. (ended in acquittal on 12-6-98 vide CC No. 603 of 1992)3. Cr. No. 121/1993 for the offences under Sec. 302 IPC. (ended in acquittal on 3-3-2000 vide S. C. No. 280/92)4. Cr. No. 164/1994 for the offence under Sec. 448, 427 and 323 IPC. (ended in acquittal on 28-02-1996 vide CC No. 148/95)5. Cr. No. 194/1998 for the offence U/s. 147,148, 302 r/w. 149 IPC. (ended in acquittal on 29-03-2001 vide S. C. No. 446 of 1999)Petitioner No. 2 1. Cr. No. 86 of 1997 for the offence under Secs. 147, 148, 307, r/w. 149 of IPC and Secs. 3 and 4 of Explosive Substances Act. (ended in acquittal vide s. C. No. 336 of 1999)2. Cr. No. 122/96 for the offence under Secs. 147, 148, 452, 427, 302 r/w. 149 IPC (ended in acquittal vide S. C. No. 294 of 1998)3. Cr. No. 194/98 under Sections. 147, 148, 302 r/w. 149 of IPC (ended in acquittal vide S. C. No. 446 of 1999 on 29-03-2001)4. Cr. No. 217/1998 under Sections. 302 of IPC (ended in acquittal on 16-10-00 vide s. C. No. 172 of 2000)