Guvvala Ramakrishna Reddy v. The Government 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.26784 OF 2011 Between:

Guvvala Ramakrishna Reddy and another .. Petitioners And The Government of A.P., Rep. by its Home Secretary, and others.

.. Respondents DATE OF JUDGMENT PRONOUNCED: 05-08-2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE SANJAY KUMAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgment?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals

3. Whether Their Lordship wish to see the fair copy of the Judgment? Yes/No THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.26784 of 2011 ORDER:

The grievance of the petitioners in this case, who are father and son, is as to the opening of rowdy sheets in their names on the file of Chowdepalle Police Station, Chittoor District.

Written Instructions dated 01.08.2015 were furnished by the Sub-Divisional Police Officer, Palamaner Sub-Division, Chittoor District, to the office of the learned Government Pleader for Home, wherein he stated that the petitioners were involved in as many as nine criminal cases basing on which rowdy sheets were opened in their names in the year 2010. He however conceded that the petitioners were acquitted in eight out of the nine criminal cases and that this Court granted stay of further proceedings in the last and final case. Thus, as matter stands, only one criminal case remains. As per the law laid down by this Court, unless a person is involved in more than two criminal offences, it cannot be inferred that he is a habitual offender.

It is only if such an inference can be made out that the provisions of Standing Order 602 of the Police Manual would be attracted and the police would be entitled to maintain a rowdy sheet in the name of such person. There is also no indication of the petitioners being involved in any criminal offences after 2010. In that view of the matter, the authority concerned would have to apply its mind and decide as to whether continuance of rowdy sheets in the names of the petitioners is still warranted.

The writ petition is therefore disposed of permitting the petitioners to make a suitable representation to the Sub-Divisional Police Officer, Palamaner Sub-Division, Chittoor District, seeking closure of the rowdy sheets maintained in their names on the file of Chowdepalle Police Station, Chittoor District. In the event such representations are made, the Sub-Divisional Police Officer, Palamaner, shall consider the same in accordance with law and the decisions of this Court on the subject and take appropriate action in the matter expeditiously.

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________

JUSTICE SANJAY KUMAR 5th August, 2015 IBL