Shankar Naidu v. Government Of Andhra Pradesh,

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.39610 of 2012 ORDER:

Heard the learned counsel for petitioner and the learned Government Pleader for Home (TS) for respondents.

2. The petitioner claims to be a social worker and is actively involved in politics. He has been participating in the activities on behalf of the Congress Party in Yedpally Village and Mandal, Nizamabad District. He was a Sarpanch of Yedpally village from 21.10.1995 to 31.08.2001. He was also elected as a member of Mandal Parishad, Yedpally on 22.07.2001 and served for a period of five years. While so, the petitioner came to know that rowdy sheet No.6 of 2009 was opened against him and in that connection he is being called frequently to the police station. Though he submitted an application to the second respondent on 08.08.2010 requesting for closure of rowdy sheet, no action was taken. As the petitioner felt that the rowdy sheet was opened without any justification, he filed W.P.No.

24419 of 2010 and this Court disposed of the same on 13.08.2012 giving liberty to the petitioner to make a representation before the second respondent and the second respondent was directed to consider the same and pass appropriate orders. Accordingly, the petitioner submitted a representation on 03.09.2012 for closure of rowdy sheet, and when the second respondent rejected the same on 08.11.2012, the petitioner filed the present writ petition.

3. Though a counter-affidavit was filed in January, 2013, when the matter is listed for hearing, the learned Government Pleader is directed to get latest instructions. Pursuant to the same, the learned Government Pleader produced before this Court written instructions stating that a rowdy sheet was opened on 26.06.2009 and he was involved in six crimes during the period from 2005 to 2013. Out of six cases, the petitioner was bound over for good behaviour in 3 cases in the year 2009-2010. He was acquitted in Crime No.100/2013, whereas he

was convicted in Crime No.50/2009. The petitioner is facing trial in C.C.No.150/2014 as on today.

4.

In view of the fact of facing trial in one case and conviction in another crime, the petitioner is given liberty to submit a representation to the second respondent, within 15 days from the date of receipt of a copy of this order, for reviewing his case with regard to continuance of rowdy sheet. On receipt of such representation, the second respondent shall dispose of the same, in accordance with the Police Standing Orders, within two months thereafter.

5. The writ petition is, accordingly, disposed of. No order as to costs. Miscellaneous petitions, if any pending, shall stand closed. ______________________________ A.RAMALINGESWARA RAO, J Date: 18.04.2016 TJMR