High Court for State of TelanganaWP/2446/2017disposed of no costs

A.Jayabarath Reddy, v. The State Of Andhra Pradesh

2017-02-17A Ramalingeswara Rao2 pages

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION NO. 2446 OF 2017 ORDER:

Petitioner stated that he is a permanent resident of Guntur District and he is doing business. He purchased an extent of Ac. 2.00 in Sy.No. 685 and another extent of Ac. 0.85 cents in Sy.No. 686 of Pedakakani Village under two registered sale deeds bearing Doc.No. 3469/14 and 4016/2014. He also got executed a relinquishment deed by his mother and sisters in Doc.No. 4038/2014 in his favour. While so, one Tadiparthi Veera Reddy, lodged a complaint against the petitioner on 23.6.2014 stating that he is the absolute owner of the said property and the vendor of the petitioner has nothing to do with the same. On the basis of the same, police registered a case in Crime No. 233/2014, wherein the petitioner is shown as accused No. 3. On coming to know the fraud, the petitioner questioned the vendor and asked for return of the amount. When, without taking into above facts, under the guise of above crime, respondents opened rowdy sheet against the petitioner on 21.8.2015 by the 4th respondent, the present Writ Petition was filed.

Counter affidavit is filed by the Sub-Divisional Police Officer, Mangalagiri, Guntur, third respondent, admitting that the said crime alone is pending. He further stated that as per the orders of higher authorities on 21.8.2015, a rowdy sheet was opened. In the counter

affidavit, he extracted the provisions of A.P. Police Manual, Order No. 601.

A bare look at the Order, indicates that the persons against whom rowdy sheet can be opened but the case of the petitioner does not come under the said order. In view of the same, the third respondent is directed to pass appropriate orders in accordance with law keeping in view the decisions of this Court and also the Police Standing Order in respect of rowdy sheet opened against the petitioner, within two months from the date of receipt of a copy of this order.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As sequel thereto, Miscellaneous Petitions, pending if any, shall stand closed.

___________________________________ A. RAMALINGESWARA RAO, J DATE: 17.02.2017 KA