THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION No.16424 OF 2019

ORDER:-

This Petition is filed under Article 226 of the Constitution of India questioning the action of the respondents to issue direction in the nature of Writ of Mandamus to declare the inaction of the official respondents in not closing the Rowdy sheet against the petitioners by considering the representation dated 06.09.2019 wherein the petitioners have requested the official respondents to close down the Rowdy sheet, which is illegal and arbitrary and against the principles of natural justice and consequently direct the official respondents to close down the rowdy sheet against the petitioners and also direct the official respondents not to interfere into the petitioners' day to day life and their personal liberty.

2. It is alleged in the petition that the petitioner is eking out his livelihood by doing agriculture obtaining lands on lease from owners in different parts of estates and their entire family is depending on the said profession. The petitioners are brothers, having good reputation in the society more particularly in the said locality. The 4th respondent registered a crime against ten (10) persons vide Crime No.49 of 2013 for the offences punishable under Sections 147, 148, 302 I.P.C r/w 149 I.P.C and the petitioner is arrayed as one of the accused in the said crime. Subsequently the police has filed charge sheet before the Court below and the same was made over to the learned X Additional District and Sessions Judge, Gurazala and is numbered as S.C.No.177 of 2014. After full pledged trial, the petitioner was found not guilty and acquitted for the charges. During the

pendency of the above said case, without verifying the antecedents of the petitioners and his family background, the 4th respondent police opened a Rowdy sheet against the petitioners and other accused in the said case only for statistical purpose as these petitioners are hailed from agricultural family and they are not having criminal background except the above said case. Even, the said case is ended in acquittal, as on today there is no case whatsoever pending against the petitioners. The petitioners by narrating facts have given detailed representations to the official respondent on 06-09-2019 requested to close the Rowdy Sheet and not to harass by calling them to police station on regular intervals.

3. Learned counsel for the petitioners reiterated the contents in the petition and learned Government Pleader for Home given undertakes to dispose of the representations and requested to dispose of in accordance with law.

4. In view of the representation of the learned Government Pleader for Home, the respondents 2 and 3 are directed to dispose of the writ petition in accordance with law within one month from the date of receipt of the order.

5. With the above direction, the writ petition is disposed of. No costs.

Consequently, miscellaneous applications pending, if any, shall stand dismissed.

JUSTICE M.SATYANARAYANA MURTHY

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Date : 22.10.2019 Note:- Furnish C.C on 24.10.2019. B/o RJS

HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION No.16424 OF 2019

Date : 22.10.2019

RJS