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High Court for State of TelanganaWP/7212/2015dismissed

Nelaturi Mohan, v. State Of Andhra Pradesh. Rep. By Its Principal Secretary

2015-04-06Vilas V.Afzulpurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH (Special Original Jurisdiction) MONDAY, THE SIXTH DAY OF APRIL TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.7212 of 2015 BETWEEN Nelaturi Mohan ... PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary (Department of Home), A.P. Secretariat Building, Hyderabad and others.

...RESPONDENTS The Court made the following:

ORDER:

Heard.

2. The grievance of the petitioner in this writ petition is that respondent Nos.3 to 5 are repeatedly visiting his house and insisting him to produce Aadhar card, ration card and give a photograph, as if petitioner is a rowdy sheeter. Hence, the present writ petition.

3. Learned Government Pleader has received instructions, which show that petitioner is found involved in as many as 13 cases, which are listed below. " 1. Crime No.20 of 2005 for the offence under Sections 143, 341, r/w 34 IPC-A1Compromise at Lokadalath.

2. Crime No.56 of 2005 for the offence under Sections 447, 427, 124(A) r/w 34 IPC-A1Mistake of facts.

3. Crime No.58 of 2005 for the offence under Sections 147, 148, 427, 124(A) r/w 34 IPC-A1Mistake of facts.

4. Crime No.67 of 2006 for the offence under Sections 363 IPC-A1-Mistake of facts.

5. Crime No.109 of 2006 for the offence under Sections 143, 447, 3709 r/w 149 IPC-A1Mistake of facts.

6. Crime No.21 of 2007 for the offence under Sections 114, 447, 379, 506(2) r/w 34 IPC-A9False.

7. Crime No.52 of 2007 for the offence under Sections 143, 447, r/w 149 IPC-A3-Mistake of facts.

8. Crime No.53 of 2007 for the offence under Sections 143, 447, 427 r/w 149 IPC and VIII, IX, X of A.P.Forest Act, 1967, Section 3 of Damage Of Property Act-A4-Mistake of facts.

9. Crime No.64 of 2008 for the offence under Sections 143, 447 r/w 149 IPC-A2 and the same acquittal.

10. Crime No.65 of 2008 for the offence under Sections 143, 447, 427 379, 506(2) r/w 149 IPC-A2 and the same acquittal.

11. Crime No.24 of 2009 for the offence under Sections 143, 447, 506(2) IPC-A1- the same acquittal.

12. Crime No.17 of 2013 for the offence under Sections 447, 506, 379 r/w 34 IPC-A1-False.

13. Crime No.65 of 2013 for the offence under Sections 447, 427, 323, 506 r/w 34 IPC-A1-

Mistake of fact."

It is further stated that rowdy sheet is already opened against the petitioner on 28.10.2014 and as per Police Standing Order No.597 every rowdy is required to submit photographs and details such as Aadhar Card, Ration Card etc., to enable the police to keep the record thereof. Hence, petitioner's allegation that there is continuous harassment or threat committed is denied.

4. It is evident from the above that the petitioner is found involved in number of crimes and a rowdy sheet was also appears to be pending against him. In view of that, petitioner is required to comply with Police Standing Order No.597 and, as such, the action of respondent Nos.3 to 5 in requiring the petitioner to submit necessary details and photographs cannot be said to be unjustified in law. Hence, the writ petition is dismissed. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. _____________________ VILAS V. AFZULPURKAR, J April 6, 2015 Lmv