Point of Law: Right to reputation is a facet of right to life of a citizen under Article 21 of the Constitution of India. In case, any authority, in the discharge of its duties fastened upon it under the law, traverses into the realm of personal reputation adversely affecting him, it must provide a chance to him to have his say in the matter

JUDGMENT :

M. SATYANARAYANA MURTHY, J.

1. This writ petition is filed under Article 226 of the Constitution of India to declare that the action of the respondents in opening Rowdy Sheet No. 36 of 2019 on the file of Annavaram Police Station, Sankhavaram Mandal, East Godavari District as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and issue a consequential direction, setting aside Rowdy Sheet No. 36 of 2019 on the file of Annavaram Police Station, Sankhavaram Mandal, East Godavari District.

2. It is alleged that, that the petitioner is in respectable position, party worker of Telugu Desam Party and that the ruling party has come into power three months ago, at the instance of the local leaders of the ruling party, started tirade against the petitioner to implicate the petitioner in false and vexatious cases to tarnish his image in public. In this pursuit, the fourth respondent/Sub-Inspector of Police, at the behest of the ruling party, registered three false complaints in Crime Nos.165 of 2019, 209 of 2019 and 211 of 2019, for the offences punishable under Sections 120-B, 341, 324, 506 r/w 149 I.P.C. Sections 143, 341, 186, 353 r/w 149 I.P.C. and Sections 324, 506 r/w 34 I.P.C. respectively.

3. While the mater stood thus, on 20.10.2019, the staff attached to the fourth respondent/Sub-Inspector of Police sent a message to the petitioner asking him to appear before the police station. Accordingly, the petitioner went to the police station where he was informed that a rowdy sheet against this petitioner bearing Rowdy Sheet No. 36 of 2019 was opened and they also obtained the statement of this petitioner on the same day. On coming to know about opening of Rowdy Sheet against the petitioner, he questioned the fourth respondent as to why the Rowdy Sheet was opened against him, basing on three false complaints registered against him and more so, the offences mentioned in those complaints would not warrant the police to open Rowdy Sheet.

4. It is alleged that, on perusal of the complaint, it is clear that none of the cases registered against him would not satisfy the ingredients of Police Standing Order No. 601 of the Andhra Pradesh Police Manual. The Crimes which were registered against this petitioner are all politically motivated and out of personal vendetta. The Police Standing Order No. 601 of the Andhra Pradesh Police Manual Standing Orders is obviously a provision which is penal in nature and as such, any deviation from strict adherence to the said provision would undoubtedly result in invasion and transgression of fundamental rights guaranteed under Constitution of India. It is also contended that opening of Rowdy Sheet No. 36 of 2019 on the file of Annavaram Police Station, Sankhavaram Mandal, East Godavari District and its continuation would undermine the reputation of this petitioner in the eyes of public and not only causes substantial loss to the reputation in terms of money, but also mental agony to this petitioner indirectly. Therefore, the petitioner sought the relief as stated above.

5. The third respondent/Deputy Superintendent of Police, Peddapuram filed counter affidavit, denying material allegations, inter-alia, contending that the petitioner has scant respect towards the law and he has involved in three crimes for different offences and they are as follows:

1. Crime No. 165 of 2019 under Sections 120-B, 341, 324, 506 r/w 34 I.P.C. and Section 66-A of Information and Technology Act of Annavaram Police Station (pending trial vide C.C. No. 955/2019)

2. Crime No. 209 of 2019 under Sections 120-B, 143, 341, 186, 353 r/w 149 I.P.C. of Annavaram Police Station (investigation is under progress)

3. Crime No. 211 of 2019 under Sections 324, 506 r/w 34 I.P.C. (pending trial vide C.C. No. 980/2019)

6. In view of the involvement of the petitioner in the above criminal cases, to curb and curtail his unlawful activities with iron hand, the respondent has issued proceedings vide C. No. 8/ROWDY/SDPO/2