- (1.)THIS writ petition is filed seeking a declaration that the action of the respondents in opening a rowdy sheet against the petitioner under the A. P. Police Standing Orders as arbitrary, illegal and violative of Articles 14 and 21 of the Constitution of India
(2.)IT is stated that against the petitioner, who was an elected President of Mandal Praja Parishad Gokavaram Mandal, East Godavari District and some others Crime No. 15/2003 was registered under Section 332 read with 34 of the Indian , Penal Code and under Section 3 (x) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. However, having regard to the statements of the complainant as well as the witnesses during the course of investigation, the name of the petitioner was deleted from the array of the accused. Subsequently, another case was registered against the petitioner and 12 others in Crime No. 98/2004 on the file of Gokavaram Police Station under Sections 447, 427, 506 384 read with 34 of the Indian Penal Code. After due investigation, charge-sheet was filed before the III Additional Judicial First Class Magistrate, Rajahmundry, which was registered as C. C. No. 646 of 2005 and trial is pending. In the meanwhile, a rowdy-sheet was opened against the petitioner on the file of the 2nd respondent-Station House Officer, Gokavaram Police Station to keep a close watch against him. Aggrieved by the said action, the present writ petition is filed contending that there is absolutely no basis for opening a rowdy sheet since except C. C. No. 646 of 2005 on the file of the iii Additional Judicial First Class Magistrate, Rajahmundry, which is pending trial, no other crime has been registered against the petitioner and, therefore, the petitioner cannot be treated as an habitual offender of offences involving breach of peace.
(3.)IN the counter-affidavit filed by the Sub-Inspector of Police, Gokavaram Police Station, the fact that except C. C. No. 1463 of 2005 on the file of the V Additional Judicial First Class Magistrate, Rajahmundry (CC No. 646 of 2005 on the file of the iv Additional Judicial First Class Magistrate, Rajahmundry), no other case is pending against the petitioner is not disputed. However, it is stated that since the petitioner, who is an active leader in politics, was involved in two criminal cases viz. , Crime Nos. 15/2003 and 98/2004, it has become incumbent upon the respondents to open a rowdy sheet against him on 23. 10. 2004. Subsequently the same is being renewed from time to time and it stands extended till 31. 10. 2008. It is further stated that the petitioner is leading one political party in the village and in the month of March, 2007 when there was a dispute between two groups in the village belonging to different communities, it is found that the petitioner led one of the groups. In the circumstances, so as to prevent law and order problem a suo motu case was registered against both the groups in Crime No. 32 of 2007. under Section 107 of the Code of Criminal Procedure on the file of Gokavaram Police Station and subsequently the same was filed before the Court Sub-Divisional Magistrate, Rajahmundry. Pursuant thereto, summons were issued to both the groups and the petitioner and his supporters attended the Court on 23. 7. 2007 and executed bonds for their good behaviour for a period of six months. The said case is pending before the Sub-Divisional Magistrate, Rajahmundry, vide M. C. No. 7 of 2007. Hence, it is necessary to watch the movements of the petitioner since there is every likelihood of his involvement in unlawful activities. Therefore, it is necessary to continue the rowdy sheet in public interest.