ORDER :

Cheekati Manavendranath Roy, J.

1. This writ petition, under Article 226 of the Constitution of India, is filed seeking writ of mandamus declaring the action of the respondents in opening rowdy; sheet bearing No. 148 against the petitioner, as illegal, unconstitutional and violative of Articles 14 and 21 of the Constitution of India, and consequently, to direct the respondents to close the rowdy sheet bearing No. 148 opened against the petitioner.

2. Heard learned Counsel for the petitioner and learned Assistant Government Pleader for Home for respondents 1 to 4.

3. The petitioner claims to be the resident of Mangalagiri Town and has been working as a private ambulance operator and that he is also the owner of the ambulance and that he is doing medical shop business in the name and style of "M/s. Mahesh Medicals".

4. Whileso, a case under Sections 120-B, 147, 148 and 302 read with 149 of IPC was registered against him in Crime No. 289 of 2013 of Mangalagiri Town; Police Station. It is stated that the said case was foisted against him due to political rivalry. After the above crime was registered against him for the offences under Sections 120B, 147, 148 and 302 read with 149 of IPC, a rowdy sheet in HS No. 148 was opened against the petitioner in the year 2013 and the same is being continued till today. Some more crimes were also registered against the petitioner for various offences by Mangalagiri Town Police. All the aforesaid crimes registered against the petitioner ended in acquittal. However, despite the fact that the petitioner was acquitted in all the crimes that were registered against him, the rowdy sheet that was opened against him in the year 2013 is being extended from time to time. The petitioner also approached the concerned authority of the Police Department with a request to close the rowdy sheet as he was acquitted in all the crimes that were registered against him. However, as there was no response from the respondent police officials and as the said rowdy sheet is not closed, the petitioner is before this Court by way of filing the present writ petition seeking direction to the respondent police officials to close the said rowdy sheet.

5. Learned Assistant Government Pleader for Home has filed counter-affidavit on behalf of the respondent police officials. It is admitted that the crimes that were registered against the petitioner earlier ended in acquittal. However, invoking Ground No. 12, as contemplated under Standing Order 601 of the Andhra Pradesh Police Standing Orders, wherein it is stated that when a charge-sheet is filed against any person for the offence of murder and attempt to commit murder that a rowdy sheet can be opened, the respondent police officials sought to justify opening of the said rowdy sheet. It is stated in the counter-affidavit that Standing Order 602(2) of the A.P. Police Standing Orders envisages that even though a person against whom a rowdy sheet was opened is not figuring as accused in the previous five years after the last case in which he was involved, nothing would preclude the S.P./D.C.P./C.P. to continue the rowdy sheet if they are of the considered view that the activities of the rowdy sheeter are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area or the victims are not coming forward to give complaint against him on account of threat from him. Therefore, invoking the aforesaid Standing Order 602(2), it is pleaded that even though the petitioner is not figuring as an accused in any crime at present, the rowdy sheet can be continued as activities of the petitioner are prejudicial to the maintenance of public order, affecting peace and tranquility in the area. Therefore, the respondents prayed to dismiss the writ petition.

6. Admittedly, the rowdy sheet was opened against the petitioner earlier in the year 2013 on the ground that about four crimes were registered against him, which includes a case under Section 302 of IPC. It