Point of law: The right to privacy in any event will necessarily have to go through a process of case-by-case development. Therefore, even assuming that the right to personal liberty, the right to move freely throughout the territory of India and the freedom of speech create an independent right of privacy as an emanation from them which one can characterise as a fundamental right, we do not think that the right is absolute

ORDER :

1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in retention of the Rowdy Sheet No.640A/GU dated 15-04-1997 on the petitioner as illegal, irregular arbitrary unconstitutional unjustified and without jurisdiction and violative of the Andhra Pradesh Police Standing Orders and offends Articles 14 and 21 of Constitution of India and consequently quash the rowdy sheet and direct the respondents not to interfere with life and liberty of the petitioner in any manner”

2. It is the case of the petitioner that petitioner is resident of KVP colony, 2/1 Guntur and he was running pharmaceutical shop in the name and style of “Mani Medical and Fancy Stores”, Flat No.C-1, Sai Villa Apartments, Lalapuram Road, Chuttugunta, Guntur from 30.10.2012 till June, 2019. Thereafter, shifted shop to own premises at Plot No.760, KVP Colony, Guntur. The petitioner suffered heart strokes stents are inserted due to blockages. He needs regular and periodical checkup. As the petitioner was blessed with a daughter and wife being working woman, he has to take care of his daughter. Due to opening of rowdy sheet against the petitioner, he is not able to do justice to his family and concentrate on his business. Further, it is stated that, the petitioner is leading respectable life while carrying on business and never involved in any criminal activities. Due to political rivalry, the petitioner is implicated in false cases.

3. It is also submitted that, the petitioner shifted to Hyderabad in the year 1998 and stayed there till his marriage in 2009. After marriage, the petitioner moved to Vijayawada and he has been shuttling between Guntur and Vijayawada and now settled at Guntur. History sheet was opened in 1997 on political pressures, implicating him the following list of cases in which the petitioner has been arrayed as accused:

4. The petitioner submitted that the above crimes were registered against him at the instance of local politicians. During the year 1997, the petitioner is working as NSUI District General Secretary and he was very active in all the student activities in the district, persons having eye sore lodged false complaints which was not registered by the police. During surprise visits made by the then Chief Minister in the year 1997, one lady who is inimical to him, gave complaint against the petitioner in the police station and also approached Superintendent of Police, Guntur. The police found that the complaint is false and did not register complaint. Then that lady complained the same to the then Chief Minister during his surprise visit. The Hon’ble Chief Minister after listening her grievance in public, scolded police officers from the rank of S.I to S.P. Immediately, all the police registered three false complaints and on the next day arrested the petitioner and his friends. Rowdy/history sheets were also opened on the same day illegally without following due procedure. Initially, rowdy sheet was opened at Kothapet Police Station, Guntur and the same was transferred to Nagarampalem Police Station, Guntur, since the petitioner shifted his residence and that the petitioner did not involve in any case and consequently, the petitioner made a request to the respondents to close the rowdy sheet, but no action was taken and his