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High Court for State of TelanganaWP/24847/2010disposed of no costs

Pasiganti Gopal, v. The Govt. Of Ap.,

2016-03-14A Ramalingeswara Rao3 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.24847 of 2010 Between:

Pasiganti Gopal ....Petitioner and The Govt. of A.P, Rep.by its Director General of Police, Hyderabad, And others.

....Respondents JUDGMENT PRONOUNCED ON : 14.03.2016 THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO :

1. Whether Reporters of Local newspapers : Yes may be allowed to see the Judgments?

2. Whether the copies of judgment may be : No Marked to Law Reporters/Journals?

3. Whether Their Ladyship/Lordship wish to : No see the fair copy of the Judgment?

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.24847 of 2010 ORDER:

The petitioner states that he is a married person having wife and two children and was eking out his livelihood by running a chicken centre and doing odd jobs in his village, Kodimial. He states that he never committed any offence. In addition to the said business of chicken centre and odd jobs, he also deals with diesel and petrol. He further states that six criminal cases were registered against him and he was acquitted in four cases. The trial is going on only in two cases. In view of the involvement of the petitioner in the criminal cases, a rowdy sheet

was opened by the third respondent on 24.11.2008. In connection with the said rowdy sheet he was asked to attend the Police Station from time to time. Further, the respondents are demanding supply of diesel and petrol free of cost by sending chits stamped with the seal of the Police Station, Kodimial. He states that during the period 21.09.2008 to 06.04.2010 nearly 51 litres of diesel and 12 litres of petrol was asked to be supplied and he acceded to that request. He further states that, in the year 2003 also he reported the matter to respondent Nos.1 and 2 and the second respondent directed conducting of enquiry in C.No.513/ccc/2003, dated 12.08.2003. However, no action was taken. In those circumstances, he filed the present Writ Petition challenging the action of the respondents in frequently summoning him to the Police Station in violation of Standing Order No.601 of the Andhra Pradesh Police Manual.

A counter affidavit is filed by respondent No.4 stating that the petitioner was involved in eight criminal cases and he is facing trial in two criminal cases. In view of the involvement of the petitioner in unlawful activities, after obtaining permission from the Sub Divisional Police Officer, Jagtial, Karimnagar District, on 24.11.2008, the rowdy sheet was opened against the petitioner and it is being continued up to 31.12.2013. The allegation that the petitioner was asked to supply diesel and petrol at free of cost was denied. The further instructions submitted to the learned Government Pleader in January, 2014, disclose that no fresh criminal cases were registered against the petitioner, except the two criminal cases where the petitioner is facing trial. When this Court asked the learned Government Pleader to obtain latest instructions, he could not get the same in spite of granting adjournments.

In the circumstances, this Court is inclined to dispose of the Writ Petition by giving liberty to the petitioner to submit a representation to

respondent Nos.2 and 3 to review his case for closure of the rowdy sheet opened against him, within a period of thirty days from the date of receipt of a copy of this order, and respondent Nos.2 and 3 are directed to consider the same and pass appropriate orders in accordance with law and communicate the same to the petitioner, within a period of three months thereafter.

The Writ Petition is, accordingly, disposed of. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 14.03.2016 Note: Issue C.C in one week.

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