The Hon'ble Sri Justice B. Vijaysen Reddy
W.P. No. 15907 of 2021
Order:
Heard learned counsel for the petitioner and learned Assistant
Government Pleader for Home appearing for the respondents.
2. The grievance of the petitioner is that a rowdy sheet is opened against him based on a single case viz., Crime No.11 of 2016 of Nallabelli Police Station, registered for the offences punishable under Sections 354, 354A and 354D of IPC, in the year 2016 and that respondents No.2 to 4/Police authorities have been continuing the said rowdy sheet without reviewing from time to time.
3. Learned counsel for the petitioner submits that the petitioner cannot be branded as a habitual offender and that opening and continuing of rowdy sheet on the strength of a single criminal case, is arbitrary and unconstitutional.
4. Learned Assistant Government Pleader fairly concedes that the petitioner cannot be branded as a habitual offender. However, he submits that this Court in Kanala Kemadri vs. Prl. Secretary, Home Department., Hyderabad and another1, held that opening of rowdy sheet on the basis of involvement in a solitary criminal case is not sufficient to treat an accused as a habitual offender under Clause- A of Order 601 of the Andhra Pradesh Police Manual Standing Orders.
5. Following the said judgment, this Writ Petition is allowed. 1 2019 SCC OnLine TS 2822 2 As a sequel, Miscellaneous Petitions, pending if any, stand disposed of.
___________________ (B. Vijaysen Reddy, J) Dt: 25th November, 2021 lur