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1999 Supreme(AP) 178

Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY
Mohd.Quadeer - Appellant
Versus
Commissioner of Police, Hyderabad - Respondent
Decided On : 03-30-99

Headnote:

Indian Penal Code,1860 - Sections 147,148,149,324, 307, 302,34 - Criminal Procedure Code,1973 - Sections 106, 107, 108 (c) and 110 (1) - Constitution of India,1950 - Articles 19(1)(d),21 - Offence of Murder - Demand money from the local people - Brothers and residents of old city of Hyderabad - Claim to be doing business in the name and style of "deccan Traders"- Question as to whether right to reputation is a guaranteed continuance of rowdy sheet without any material adverse to petitioner on record would be illegal fundamental right relied upon statement of law found in Corpus Juris Secundum - Being regularly called to Police Station after opening of rowdy sheets against them - It is alleged that on many occasions they were asked to stay in Police Station for days together and no arrest was affected - It is also their case that as cases registered against them have ended in acquittal there is no justification whatsoever for continuing rowdy sheets opened against them - Continuance of rowdy sheets opened against them is without any valid ground - Action on part of respondents is violative of fundamental rights guaranteed under Article 21 of Constitution of India - Held, Court proceed to give direction and restriction to application of said regulations with caveat that if any action were taken beyond boundaries so set citizen will be entitled to attack such action as unconstitutional and void - Empowers surveillance only of persons against whom reasonable materials exist to induce opinion that they show a determination to lead a life of crime - Crime in this context being confined to such as involve public peace or security only and if they are dangerous security risks - Mere convictions in criminal case where nothing gravely imperils safety of society can be regarded as warranting surveillance under this Regulation - Similarly domiciliary visits and picketing by police should be reduced to clearest cases of danger to community security and not routine follow - Up at end of a conviction or release from prison or at whim of a police officer - IT is settled law that right of life enshrined in Article 21 of Constitution of India means something more than survival or animal existence but a right to possession of each of his organs - His arms and legs etc - It guarantees right to privacy - Entry in register can only be made by order of Superintendent of Police who is prohibited from delegating his authority - Further it is necessary that Superintendent of Police must entertain reasonable belief that persons whose names are to be entered in are habitual offenders or receivers of stolen property - Writ Petition Allowed

B. SUDERSHAN REDDY, J.

( 1 ) THE petitioners arc the citizens of India. They are all brothers and residents of old city of Hyderabad. They all claim to have come from a family with good reputation. They claim to be small business men and running business like Kirana stores and Commission merchant. They claim to be doing business in the name and style of "deccan Traders".

( 2 ) THE petitioners say that they are the victims in the hands of antisocial elements, who demand money from the local people. They even go to the extent of alleging that those antisocial elements have the backing and support of politicians of the Old City, who are active in communal politics.

( 3 ) IT is stated that the petitioners are falsely implicated in a criminal case, which was ultimately tried as SC No. 55s of 1995 and they were acquitted on 31-1-1997 after trial. It is stated that during the progress of the trial, the local politicians demanded money from the petitioners to get them released and on their refusal got the rowdy sheets opened against them with the help of local police. The fact remains that even before the acquittal of the said case, the petitioners were accused of another crime - Cr. No. 15/96 on the file of Bhavaninagar Police Station.

( 4 ) IT is the case of the petitioners that they are being regularly called to the Police Station after opening of the rowdy sheets against them. It is alleged that on many occasions they were asked to stay in the Police Station for days together and no arrest was affected. It is also their case that as the cases registered against them have ended in acquittal, there is no justification whatsoever for continuing the rowdy sheets opened against them. The continuance of the rowdy sheets opened against them is without any valid ground. The action on the part of the respondents is violative of the fundamental rights guaranteed under Article 21 of the Constitution of India. The petitioners herein along with their another brother, Chand filed WPNo. 20039/98 in this Court assailing the action of the respondents in opening rowdy sheets against them. This Court by order dated : 28-7-1998 disposed of the said writ petition directing the petitioners herein to file an appropriate representation before the Commissioner of Police, Hyderabad, for deleting their names from the rowdy sheets with further direction to the Commissioner of Police to take an appropriate decision in the matter in accordance with the Police Standing Orders. The petitioners have accordingly filed a representation on 10-8-1998 before the Commissioner of Police requesting to close the rowdy sheets opened against them. It is complained that no decision as such has been taken by the Commissioner of Police on their application in spite of the directions from this Court. It is under those circumstances, the present writ petition is filed by the petitioners to call for the concerned records from the respondents relating to opening of rowdy sheets against all of them and quash the same.

( 5 ) THE record produced by the respondents would show that rowdy sheets were opened against all the petitioners on 16-8-1994. They were accused of the offences punishable under Sections 147, 148, 149, 324, 307, 302 read with 34 IPC in Cr. No. 21/93 of P. S. , Bhavaninagar. The incident is alleged to have been taken place on 27-5-1993. It is an admitted fact that the cases registered against the petitioners ended in acquittal. The case registered under Section 107 Cr. PC in Cr. No. 113 of 1993, against the petitioners also ended in acquittal. But the petitioners were bound over by the Executive Magistrate under Section 107 Cr. PC in Cr. No. 36 of 1993 of P. S. , Bhavaninagar.

( 6 ) THE third petitioner is alleged to have involved in Cr. No. 28 of 1994 on the allegation of commission of offence punishable under Section 307 IPC read with 34 IPC, but the same also ended in acquittal. All the petitioners were involved in another case in Cr. No. 15/96 registered under Sect































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