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2002 Supreme(AP) 107

Andhra Pradesh High Court
Judges : P.S.NARAYANA
Gudivada Sai Baba - Appellant
Versus
State OF A.P., Home Department - Respondent
Decided On : 01-31-02

Headnote:

Indian panel Code - Constitution of India - Article 21 - Towns nuisances Act - Clause 12 - Section 3 - Madras City police Act – Illegally - Denying allegations - It is stated that petitioner is indulging in illegal activities and in fact Fancy and Ladies Corner at East Godavari District is a big trap place to create prostitution in village - It is also stated that is a close associate and illegal business partner of petitioner and he filed a false case before Judicial first Class Magistrate and same was forwarded to Inspector of Police for investigation and same was referred as false and also observed that it is a counterblast to demoralize investigation in – Held, A careful reading of provision clearly goes to show that none of conditions specified in said Order are satisfied in present case - No doubt strong reliance is placed on Standing Order 742 which specifies persons who habitually tease women and girls by passing indecent remarks or otherwise - However there is no material placed in this regard - In decision referred it was held that Standing Order 742 A. P. Police standing Orders opening of a rowdy sheet in case of habitual offenders can be relating to persons who habitually commit or abet commission of offences involving breach of peace and they must have a tendency to disturb public peace and tranquility and same cannot be opened in a mechanical manner - Petition allowed

P. S. NARAYANA, J.

( 1 ) THE Writ Petition is filed for a writ, order or direction more in the nature of mandamus declaring the rowdy-sheet proceedings launched and continued by the respondents-authorities as illegal and unconstitutional and for a consequential direction to remove the petitioner s name from the Rowdy Sheet Register and to pass appropriate orders.

( 2 ) THE case of the petitioner is that he is a law abiding citizen and a businessman running business in fancy article s and jewellery under the name and style of sri Fancy and Ladies Corner at peddapuram, commanding good reputation in the society. It was also stated that one m. V. Chandrasekhar of Peddapuram village filed private complaint before the Judicial first Class Magistrate, Peddapuram against 3rd respondent - Station House Officer, peddapuram Police Station under sections 379, 380 and 352 IPC and the same was referred to Circle Inspector, peddapuram for investigation and the circle Inspector is investigating the case in cr. No. 200/2000 and no charge-sheet is filed hitherto. It is also stated that the petitioner is only an eye-witness and hence being instigated by unsocial elements the 3rd respondent - Station House Officer, peddapuram foisted a criminal case in cr. No. 175/2000 under Sections 354 and 447 ipc against the petitioner and the petitioner was granted anticipatory bail by the learned additional Sessions Judge, Rajahmundry in crl. M. P. No. 1666/2000 dated 3-11-2000 in cr. No. 175/2000. It is also stated that since the petitioner is an eye-witness in cr. No. 200/2000, his name was entered in the rowdy-sheet illegally 20 days back and from the said time onwards, the 3rd respondent has been making the writ petitioner to sit in Police Station during his business hours without any reason restricting his free movements. It is also specifically stated that invading the personal liberty of the petitioner under the guise of surveillance by detaining him in the police Station and disturbing his day-to-day business and calling him to Police Station at odd hours of night is ultra vires the constitution of India, especially Article 21 of the Constitution of India. It was further stated that none of the conditions contemplated by Standing Order 742 of A. P. Police Standing Orders are fulfilled in the present case and the inclusion of the name of the petitioner as a rowdy sheeter in the rowdy-sheet is in violation of the Standing order 742 of the A. P. Police Standing orders.

( 3 ) THE 3rd respondent filed a counter- affidavit in detail. It is stated that the petitioner is indulging in illegal activities and in fact Sri Fancy and Ladies Corner at peddapuram, East Godavari District is a big trap place to create prostitution in peddapuram village. It is also stated that sri M. V. Chandrasekhar is a close associate and illegal business partner of the petitioner and he filed a false case before the Judicial first Class Magistrate, Peddapuram and the same was forwarded to Inspector of Police, peddapuram for investigation and the same was referred as false and also observed that it is a counterblast to demoralize the investigation in Cr. No. 175/2000. It is further stated that the 2nd respondent is no way concerned with the criminal case filed by one Sri M. V. Chandrasekhar in which the petitioner allegedly incorporated himself as a witness. It is further stated that the 2nd respondent is a District Officer having his office and establishment at Kakinada, but without knowing anything and without acquainted with the facts, the address was shown as the D. S. P. Peddapuram which is false and baseless. It is further stated that the rowdy-sheet was opened after obtaining full and correct antecedents on 1-12-2000 as per the orders of the Sub-Divisional Police officer, Peddapuram dated 22-11-2000. All the other allegations also had been specifically denied. It is also stated that the g. D. entries and the oral statements of the convicted prostitutes clearly support the cont







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