Lal Krishna Prasad v. The Govt Of A.P

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.17218 of 2010 Between:

Lal Krishna Prasad.

....Petitioner and The Govt. of A.P., Represented by its Principal Secretary, Home Department, Secretariat, Hyderabad, And others.

....Respondents JUDGMENT PRONOUNCED ON : 29.02.2016 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.17218 of 2010 ORDER:

The petitioner is a graduate in Arts. He is a worker in political party. In connection with a bandh call on 24.12.2009, several cases were registered against him and all those cases ended in compromise. He also states that on 27.04.2010 he along with villagers caught hold of a lorry with wood while it was being transported illegally in the midnight from the forest area of Jaffarpally Village and he, being the Chairman of Vanasamrakshana Samithi of Jaffarpally Village, along with his villagers obstructed the illegal transportation of the fire wood. In connection with

the same, the local Police questioned him. Later on, a case in Crime No.85 of 2010 was registered and in the said case also he was acquitted on 15.07.2013. He gave a complaint to the Human Rights Commission against the fourth respondent alleging harassment and when the fourth respondent called him to the Police Station and asked to withdraw the complaint, he refused to do so. It is also the allegation that he was abused and at the instance of the fourth respondent, the rowdy sheet was opened against him. Challenging the opening of the rowdy sheet and its continuance, the present Writ Petition was filed. Since the Writ Petition was filed in the year 2010, learned Government Pleader was asked to get the latest instructions in the matter.

On the basis of the written instructions issued to him, the learned Government Pleader submits that the petitioner was involved in 13 cases and in all cases either he was acquitted or the cases were compromised. Investigation is going on only in Crime No.165 of 2015 under Section 3(1)(iii)(viii)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, at Parigi Police Station. He further submits that the case of opening of rowdy sheet against the petitioner was reviewed by the competent authority and it was extended up to 31.12.2016.

This Court carefully perused the instructions and it is found that out of 13 cases alleged to have been registered against the petitioner, 8 cases in Crime Nos.288 of 2009 to 295 of 2009 were ended in compromises. In four other cases he was acquitted. One case was found to be false. Investigation is going on only in one case in Crime No.165 of 2015. Since the petitioner is a political worker, some petty cases might have been registered against him, but whether the registration of the said cases, which ended in acquittal/compromise, need further continuance of the rowdy sheet has to be reviewed by the

second respondent.

In the circumstances, this Writ Petition is disposed of directing respondent Nos.2 and 3 to review the case of the petitioner in the light of the nature of the crimes registered against the petitioner and also the pending cases and pass appropriate orders in accordance with law, within a period of two months from the date of receipt of a copy of this order.

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) 29.02.2016 vs