The court emphasized the discretionary jurisdiction of the concerned authority in reviewing the continuation of the rowdy sheet against the petitioner and held that it cannot interfere unless the exercise of such jurisdiction is patently illegal and/or beyond the jurisdiction of that authority.

ORDER :

This Writ Petition is filed under article 226 of the Constitution of India to declare the action of the respondents in opening the Rowdy Sheet bearing R.S.No.409 at Prathipadu Police Station, Guntur District/5th respondent, as arbitrary, illegal, unconstitution and violative of Article 221 of the Constitution of India and consequently, direct the respondents to remove the rowdy sheet opened against the petitioner.

2. The case of the petitioner is briefly as follows:-

The petitioner is a citizen of India and permanent residence of Delhi and he has been serving as Advisory Director of Kendriya Bhanadar, Government of India since 2014 and living peacefully as a respectable law abiding citizen. The petitioner is a victim of a politically powerful persons who defamed the petitioner outrageously to put an end to the political future growth of the petitioner by filing false cases against the petitioner. The petitioner came to know that the rowdy sheet was opened against him on 03.05.2023. Hence, this petition.

3. The 3rd respondent filed counter, resisting the petitioner with averments briefly as follows:-

(a) The petitioner has scant respect for law and he is involved in the following cases.

(i) . Cr.No.342/2021 U/s 307, 323, 342, 384, 420, 120(b) R/w 34 IPC & 25, 27 of Arms Act was registgered against the accused/petitioner herein at Prathipadu P.S during the course of investigation it is came to light that the offence took place at a villa at Mangalagiri which comes under purview of Mangalagiri P.S, thus this case is transferred to Mangalagiri Rural P.S on point of jurisdication. This case is referred as flase on 31.07.2022 vide C.No.537/2022/Ref/SDPO-North, Dated 31.02.2022.

(ii) Cr.No.202/2022 U/s 324 R/w 34 IPC was registered against the accused/petitioner herin at PRathipadu P.S after completion of investigation charge sheet was filed before the Hon’ble VI Additional Junior Civil Judge Court, Guntur on 27.10.2023, C.C.No. No is awaited.

(iii) Cr.No.223/2022 U/s 506, 509 IPC was registered against the accused/petitioner herein at Prathipadu P.S after completion of investigation charge sheet was filed fbefore the Hon’ble VI Additionla Junior Civil Judge Court, Guntur on 25.08.2023, C.C.No. No is awaited.

(iv) Cr.No.73/2023 U/s 506 IPC was registered against the accused/petitioner herein at Prathipadu P.S after completion of investigation charge sheet was filed before the Hon’ble VI Additional Junior Civil Judge Court, Guntur, present the case is in PT vide C.C.No.3465/2023.

(v) Cr.No.233/2019 U/s 506 IPC, 155(2) CrPC was registered against the accused/petitioner herein at Medikonduru P.S after completion of investigation charge sheet was filed before the Hon’ble Court, the case is disposed as LA in LOK Adalath Court on 12.12.2020 vide C.C.No.1063/2020.

(vi) Cr.No.19/2021 U/s 420, 493, 496, 506, 495 IPC was registered against the accused/petitioner herein at Disha-Women P.S after completion of investigation charge sheet was filed before the Hon’ble V ACJC Court, Guntur, present the case in P.T vide C.C.No.4960/2021.

(b) To curb and curtail the unlawful activities of the petitioner in the vicinity of Prathipadu Police Station, a Rowdy Sheet No.674 under “B” category on the file of Prathipadu Police Station, Guntur District was opened after getting permission from the Sub-divisional Police Officer Guntur District. As per Andhra Pradesh Police Mannual Order No.601, the persons stated therein may be classified as rowdies and rowdy sheets may be opened for them under the orders of the SP/DCP and ACP/SDPO.

(c) The Standing Order No.602(2) says- “merely because a suspect/rowdy, having a history sheet, is not figuring as accused in the previous 5 years after the last case in which he was involved, it should not preclude the SP/DCP/CP to continue his history sheet if SP/DCP/CP is of the considered view that his activities are prejudicial to the maintenance of public order or one affecting peace and tranquillity in the area or the victims is no