ACHALARAM Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) This Writ Petition is filed questioning the action of respondents in opening the rowdy sheet against the petitioners by overruling the Police Order, Order No.601 and the Hon'ble Apex Court and High Court guidelines, as illegal and arbitrary.

(2.) Sri Vinod Kethepally, learned counsel for the petitioners, submits that basing on a crime registered in the year 2017 i.e., Crime No.145 of 2017 for the offences under Ss. 307 and 120(B) read with 34 IPC, the respondent police have opened the rowdy sheet. He submits that in the said case entire investigation is completed and charge sheet is also filed, which is numbered as S.C.No.521 of 2018 before the Assistant Sessions Judge at L.B.Nagar, Ranga Reddy District, and the petitioners were acquitted vide judgment dtd. 17/9/2021. Thereafter no cases were registered against the petitioners. Learned counsel submits that a counter-affidavit has been filed by the respondents and in the entire counter-affidavit, there is no whisper about any other cases registered against the petitioners or petitioners are involved in any other activities, which made the respondents to continue the rowdy sheet. He submits that as rowdy sheet is obtained and continued in force, the respondents are constantly calling the petitioners to the police station. It is nothing but interfering with the petitioners' right to life and liberty.

(3.) A counter affidavit-has been filed on behalf of the respondents, extracting the provisions under the Police Manual and Orders, they have not stated any reason why they are continuing the rowdy sheet against the petitioners basing on one solitary case. It is stated that if the rowdy sheets are closed, the petitioners may repeat the offences, as such continuing the rowdy sheet is essential.