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Judgment
B. Sudershan Reddy, J.—Heard the learned Counsel for the petitioner and the learned Government Pleader for Home.
The petitioner in the instant writ petition prays for issuance of an appropriate writ particularly one in the nature of Mandamus declaring the action of the respondents in maintaining the K.D. Sheet against the petitioner, as illegal and arbitrary. The petitioner also prays for issuance of a consequential direction directing the respondents to set aside and close the K.D. Sheet opened against the petitioner.
Even from the counter-affidavit, it is clear that the petitioner is a sole accused in Crime No. 34 of 1994 registered Under Sections 454 and 380 IPC on the file of the Tadepalligudem Police Station. However, he is released by the Court u/s 4(1) of the A.P. Probation of Offenders Act under the supervision of the District Probation Officer in C.C. No. 268 of 1994 on 3-7-1995. Thereafter, the petitioner was convicted along with others u/s 394 IPC in Sessions Case No. 91 of 1995 and sentenced to undergo Rigorous Imprisonment for 7 years. The petitioner, however, preferred an appeal along with the other accused and was released on bail pending disposal of the appeal. Thereafter, no other case was registered against the petitioner. 4. The learned Counsel for the petitioner submits that opening of the History Sheet against the petitioner on 14-8-1997 pursuant to the conviction in SC No. 91 of 1995 is ultra vires the P.S.O. No. 734 of the A.P. Police Standing Orders, which provides as follows:
"S.O. 734. Automatic opening of History Sheets:-
(1)History sheets shall be opened automatically at the time of conviction for persons convicted as under shall be retained for two years after release from jail.
Persons or how convicted No. of times convicted Persons released from imprisonment for life under Chapters XII and XVII of the Indian Penal Code. Professional Prisoners. Indian Penal Code Sections 395 - 402 Once Indian Penal Code Sections 392 - 394, if convicted or liable to conviction u/s 75 of the Indian Penal Code.Twice House breaking Twice Theft Twice Bad Livelihood Sections of the Code of Criminal Procedure: Bound over u/s 109 Thrice Bound over u/s 110 Once. (2) Persons convicted as above will be styled "Known Depredators". However, inmates or ex-inmates of Borstal Institution should not be styled as "Known Depredators".
(3) History sheets should be opened for such of those registered ex-notified tribe members under Order 736, for whom the Superintendent of Police or the Sub-divisional Officer thinks it advisable to do so on account of their active criminality.
(4) The History Sheet of a known depredator, against whom an order has been passed u/s 556 of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974) shall not be closed until the period during which he is required to report changes of residence has elapsed."
It is so clear from a bare reading of P.S.O. No. 734 that History Sheet can be opened automatically against the persons who are convicted twice for the offences punishable Under Sections 392 - 394 IPC. In this case, the petitioner is convicted only once. That apart, such History Sheet can be opened automatically against the persons convicted twice. Under those circumstances, the History Sheet opened against the petitioner is ultra vires and it is accordingly quashed.
The writ petition is allowed to the extent indicated above. No costs.