Ulluri Satish Kumar v. State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.14247 OF 2018 ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking verbatim the following relief: "to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of respondents in opening and continuation of the suspect sheet against the petitioner vide Sheet No.284 of 2010 on the rolls of the fourth respondent police station without valid reasons and grounds as illegal, irregular, without jurisdiction and violative of the Andhra Pradesh Police Sanding Orders and offends Articles 14 and 21 of Constitution of India and consequently quash the rowdy sheet No.284 of 2010 on the rolls of the fourth respondent and direct the respondents not to interfere with the liberty of the petitioner in any manner in the interest of justice."

2.

I have heard the submissions of Sri Mangena Sree Rama Rao, learned counsel for the petitioner, and of the learned Government Pleader for Home (A.P.) appearing for the respondents. I have perused the material record.

3.

Learned counsel for the petitioner would submit that the petitioner herein is a Press Reporter; that without any valid grounds, a rowdy sheet has been opened against him; that his request for closure of the same is not being considered. He, however, fairly submits that no representation so far has been given with a request for closure of the rowdy sheet; that the petitioner is prepared to submit a representation; and, that if a direction is given to the Sub-Divisional Police Officer, Kovvuru/3rd respondent herein, to consider and dispose of the same in

accordance with the procedure established by law, the grievance of the petitioner stands redressed.

4.

Learned Government Pleader for Home submits that only a suspect sheet is opened against the petitioner, but not a rowdy sheet.

5.

Having regard to the submissions, the Writ Petition is disposed of reserving liberty to the petitioner to submit a representation with copies of supporting documents, if any, within two (2) weeks from the date of receipt of a copy of this order before the Sub-Divisional Police Officer, Kovvuru/3rd respondent herein requesting to close the rowdy/suspect sheet. It is made clear that in the event the petitioner submit any such representation, the 3rd respondent shall consider and dispose of the same, as expeditiously as possible, after taking note of the circumstances as on the date of arriving at a considered decision in the matter and in strict accordance with the procedure established by law. 6.

This Court has no reason to doubt that as and when such explanation/representation is filed by the petitioner, the 3rd respondent would examine it in the light of the law laid down by this Court in W.P.No.4688 of 2012, which was disposed of on 16.03.2017, and the precedents of this Court in Sunkara Satyanarayana v.

State of Andhra Pradesh1 and B.Satyanarayana Reddy v. State of Andhra Pradesh2. It is made clear that the exercise, as indicated in this order, shall be 1 2000 (1) ALD (Crl.) 117 (AP) 2 2004 (1) ALD (Crl.) 38 = 2004 (2) ALT (Crl.) 115

completed within three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous Petitions pending, if any, in this Writ Petition shall stand closed.

______________________________________ JUSTICE M.SEETHARAMA MURTI Date: 30.04.2018 AMD

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.14247 OF 2018 DATE: 30.04.2018 AMD