Aitha Venugopal v. The Superintendent Of Police

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.9753 OF 2012 DATED 24th JUNE, 2015 Between:

Aitha Venugopal .. Petitioner and The Superintendent of Police, SPSR Nellore District and others .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.9753 OF 2012

O R D E R

The grievance of the petitioner in this case was as to the order dated 20.07.2011 of the Sub-Divisional Police Officer, Nellore Rural, whereby the Inspector of Police, Buchireddipalem Circle, Buchireddipalem and the Station House Officer, Dagadarthi Police Station, Dagadarthi, SPSR Nellore District, were permitted to open a rowdy sheet in his name on the file of the Dagadarthi Police Station. The Sub-Inspector of Police, Dagadarthi Police Station, filed a counter-affidavit stating that the petitioner was involved in Crime No.29 of 2011 which was registered under Section 302 IPC read with Section 109 IPC on the file of the Dagadarthi Police Station. The charge-sheet was filed in this case before the learned Additional Judicial Magistrate of First Class, Kovvur, and was taken on file as P.R.C.No.12 of 2011. At the time when the counter was filed, the case was yet to be committed to the Sessions Court. Owing to the involvement of the petitioner in the said offence, the Sub-Inspector of Police justified the opening of the rowdy sheet in the name of the petitioner.

It is however significant to note that the petitioner was aged 72 years at the time when this writ petition was filed. He is now presumably over 75 years of age. It is stated that the case involving the petitioner is yet to come to trial. However, keeping the advanced age of the petitioner, it is for the police authorities to consider as to whether there is any necessity to continue to maintain a rowdy sheet against him. The writ petition is therefore disposed of permitting the petitioner to

make a representation in this regard to the Superintendent of Police, SPSR Nellore District. The said representation shall be considered on its own merits in accordance with the regulations. Thereupon, the Superintendent of Police shall decide as to whether the rowdy sheet opened against the petitioner requires to be extended further or warrants closure. This exercise shall be completed expeditiously and the result thereof shall be communicated to the petitioner. Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 24th JUNE, 2015 Svv