Continuation Of Rowdy Sheet Without Any Pending Criminal Case Is Illegal, Unconstitutional: Andhra Pradesh High Court

Justice Cheekati Manavendranath Roy relied on his recent order in Tadiboyina Peraiah v. The State of Andhra Pradesh, W.P. No. 24672 of 2020 wherein the Court held that:

"when in a sole crime that was registered against the petitioner, he was acquitted and no other crime was registered against him and when there is no material on record placed by the police to show that the activities of the petitioner are prejudicial to the interest of the public and that no person is coming forward to complain against him, that the continuation of rowdy sheet in the said facts and circumstances of the case, is not sustainable under law."

In the present case are that the petitioner claimed to be an agriculturist. A criminal case for offence punishable under Section 302 r/w 34 of Indian Penal Code was registered against him in Mangalagiri police station.

After full-fledged trial, he was acquitted in the said case as per judgment dated 21.03.2014. No other case was pending against him. But the police did not close the rowdy sheet opened against him even after he was acquitted. As a consequence, he filed a writ petition against the illegal action of the police.

Applying the analogy, the Andhra High Court observed that based on the facts of the present case, no crime is pending against the petitioner. He was already acquitted in the sole crime registered against him. Therefore, continuation of rowdy sheet that was opened against the petitioner is clearly unsustainable under law.

The Court allowed the Writ Petition declaring the action of respondent- police officials in continuing the said rowdy sheet against the petitioner without closing the same as illegal and unconstitutional. It is also contrary to the provisions of A.P. Police Standing Orders.

Case Title: Marri Gopi v. The State of Andhra Pradesh & Ors.

Citation: 2022 LiveLaw (AP) 3

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