Y. Mallikarjuna Reddy v. The Government Of Andhr Pradesh,

HON'BLE SRI JUSTICE S.V.BHATT W.P. No.4686 OF 2012 ORDER:

Heard Mr.P.Sudhakara Reddy for petitioner and the Assistant Government Pleader (Home) for respondents.

The petitioner challenges the opening and continuation of Rowdy Sheet No.25 by 4th respondent as illegal, arbitrary and unconstitutional.

As directed by this Court, the 4th respondent has placed before the Court for inspection the original record in Rowdy Sheet No.25.

According to respondents, the petitioner is involved in the following crimes:

"i. Thonduru P.S.Cr.47/03 U/s 143,323, 341,506 r/w.34 IPC Case ended in acquittal vide C.C.No.138/03 on 09.11.2004 by Hon'ble JFCM, Pulivendula.

ii. Thonduru P.S. Cr.No.5/2011 U/s 145 of Cr.P.C. it is vide M.C. No.1/2011 in the court of Mandal Executive Magistrate, Thonduru and the action was dropped in this case.

iii. Thonduru P.S.Cr.No.7/2011 U/s107 of Cr.P.C., the Mandal Executive Magistrate, Thonduru as bound over the petitioner for keeping good behaviour for a period of six months vide M.C.No.2/2011 on 02.02.2011.

iv. Pulivendule P.S. Cr.No.137/2011 u/s.

147,148,186,188, 114, 353, 341, 342,290,427, 506, 440, 286, 283,452,125,120(B) IPC r/w 149 IPC, Sec.7(1) Criminal Law Amendment Act.1932, sec.3 of Prevention of Damage to Public Property Act,1984, sec. 125 (Ib)(a) of Arms Act,1959.(case is under investigation). v. Khajipeta P.S.Cr.No.160/2011 u/s 20 A.P.

Forest Act, 379 IPC case is under investigation." Mr.P.Sudhakara Reddy confines his prayer to give liberty to petitioner to represent to 3rd respondent in the light of the principles

laid down by this Court in Sunkara Satyanarayana v. State of Andhra Pradesh1 and Mohammed Quadeer and Others v. Commissioner Of Police2 and direct the 3rd respondent to consider all the circumstances that are stated in the representation for considering retention of rowdy sheet. The statement is placed on record and accepted.

The writ petition is disposed of by this order: The petitioner is given liberty to represent to 3rd and 4th respondents with all material and full details for the desirability of continuing the rowdy sheet within four weeks from today by enclosing a copy of this order. The 3rd and the 4th respondents within four weeks from the date of receipt of representation are directed to examine the representation in the light of the principles laid down by this Court in Sunkara Satyanarayana v. State of Andhra Pradesh (1 supra) and Mohammed Quadeer and Others v. Commissioner Of Police (2 supra) and take a final decision on the desirability of ordering retention of rowdy sheet or otherwise. If the petitioner is aggrieved with the final decision of the 3rd respondent, this Court leaves it open to petitioner to initiate proceedings in accordance with law.

The writ petition is disposed of accordingly. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. ___________ S.V.BHATT,J Date:16.03.2017 Stp 1 1999 (6) ALT 249 2 1999 (3) ALD 60