APHC010597822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3330]

(Special Original Jurisdiction)

FRIDAY, THE SECOND DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No. 31238/2024 BETWEEN:

Bhikshala Sydulu @ Saidulu ...Petitioner AND The State Of Andhra Pradesh and Others ...Respondent(s)

Counsel for the Petitioner:

1. P V N KIRAN KUMAR Counsel for the Respondent(S):

1. GP FOR HOME The Court made the following:

ORDER:

The Writ Petition is filed under Article 226 of Constitution of India for the following relief:

…pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent Nos.3 to 5 in opening a Rowdy Sheet No.18/2020, dated 30.12.2020 on the file of the Chillakur Police station, Chillakur, NTR District and continuance of the same, as arbitrary, illegal, colorable exercise of power and violate the fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India, and consequently set aside the same and pass such other order or orders…

2. The present writ petition is filed to issue a writ order or direction more particularly one in nature of Writ of Mandamus declaring the action of the respondent No 3 to 5 in opening suspect Sheet No 15/2020 dated 30.12.2020 on the file of the Chillakur Police Station Chillakur NTR District and continuance of the same as arbitrary illegal colorable exercise of power and violates the fundamental rights guaranteed to the petitioner under Articles 14 19 and 21 of the Constitution of India and consequently prayed to set aside the same and for appropriate reliefs.

3. It is the torment of the writ petitioner that the respondents 3 to 5 has opened the suspect sheet since the petitioner was involved in Cr. No 142 of 2018 for the offences under Section 420 IPC and Section 7 of the Essential Commodities Act, Cr. No. 33 of 2019 for the offence punishable under Section 420 IPC and Section 7 of the Essential Commodities Act, and Cr. No. 43 of 2019 for the offence punishable under Section 420 IPC and Section 7 of the Essential Commodities Act of Chillakur Police Station, NTR District and the said crimes are in connection with transportation of Rice. The petitioner was acquitted in the aforementioned cases. Under the guise of said crimes, the respondent No-5 opened suspect/history sheet and compelling to attend the police station regularly and making the petitioner to sit in the police station from morning to evening. Which act of the respondents is causing mental agony and it is in violation of personal liberty as guaranteed under Article 21 of the Constitution of India.

4. A counter affidavit has been filed asserting that after completing investigation a charge sheet has been filed in Cr. No.

43 of 2019 for the offence punishable under Section 420 IPC and Section 7 of the Essential Commodities Act of Chillakur Police Station registered as C.C. No. 785 of 2019 and the accused was acquitted on 19.12.2022 as not found guilty by the Judicial Magistrate of First Class Jaggaiahpeta. And similarly a charge sheet was filed in Cr.No. 43 of 2019 and the same Court acquitted the petitioner/accused vide C.C. No: 954 of 2019. As nothing was stated about Cr.No.142 of 2018 in the counter, this Court felt to leave it there. Further it is stated that the petitioner herein has scant respect towards the law and in order to curb and curtail the unlawful activities of the petitioner herein in the vicinity of the Chillakallu Police, a suspect sheet was opened against the petitioner after obtaining permission from Sub-Divisional Police Officer vide order dated 18.12.2020.

5. In the judgment in State of Andhra Pradesh v. Venugopal1 the Police Standing Orders of State of Madras, especially PSO 145 read with Section 53 of Madras District Police Act, has come up for consideration. The contention before the Supreme Court was that the provisions of the Code of Criminal Pro