Sk.Chinna Nagulmeera, v. The Superintendent Of Police

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 33715 of 2013 Order:

This Writ Petition was filed challenging the continuance of the History Sheet No.106(A) in Sattenapalli Town Police Station against the petitioner.

The petitioner states that he is a resident of house bearing No.223-27/6, near Pedda Masjid, 23rd Ward of Sattenapalli Town, Guntur district. In view of the local political disputes, he was implicated in three crimes, which ended in acquittal. However, a rowdy sheet was opened against him in the year 2002 and even after acquittal in the said cases and in spite of not registering any crime against him the rowdy sheet is being continued. In those circumstances, he filed the present Writ Petition after submitting a representation on 16.04.2013 to the second respondent for closure of the rowdy sheet.

A counter affidavit is filed stating that the petitioner was acquitted in three criminal cases on 13.02.1999, 12.07.2002 and 05.03.2004, however, a bound over case was registered against him in Crime No.34 of 2014 on 13.03.2014.

Learned counsel for the petitioner submits that in view of the decision of this Court in Chitluri Srinivasa Rao v. Sub-Divisional police Officer, kakinada, East Godavari district 1, the continuance of the rowdy sheet against the petitioner is illegal. There is no dispute that there are no cases pending against the petitioner except a case of bound over. In the circumstances, the second respondent is directed to close the rowdy sheet against the petitioner and 1 2015(1) ALD (Crl) 889

pass appropriate orders within a period of thirty (30) days from the date of receipt of a copy of this order.

The Writ Petition is, accordingly, allowed. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 28.02.2017 Nsr