Telangana High Court
Nirugonda Abhishek Goud vs The State Of Telangana And 4 Others on 9 February, 2024
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO.7015 OF 2023
ORDER:
This Writ Petition has been filed seeking to declare the action of the fourth respondent in opening Suspect/Rowdy Sheet against the petitioner on the file of the fourth respondent, as illegal, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently, to direct the official respondents to drop all further proceedings by removing/withdrawing Suspect/Rowdy Sheet against the petitioner.
2. The case of the petitioner is that he was falsely implicated as accused in four cases on the file of the Station House Officer, P.S. Kukatpally in the year 2017 for the offence of morphing, out of which, two cases were acquitted and two cases are pending. Out of the two cases pending, one case was disposed of acquitting the petitioner and in another case also compromise talks are going on, which would be fructified. It is the further case of the petitioner that from the year 2018 till today, no cases are registered against him in any Police Station and on that ground itself, it can be said that he is not a habitual offender. Now, the grievance of the petitioner is that, as per the 2 CVBR,J W.P.NO.7015 OF 2023 Standing Order 742, if a person is not involved in any criminal case preceding five years, the police officials are under statutory duty to reconsider continuation of rowdy sheet against him but though there are no cases pending against him, the respondent- authorities are calling him to the Police Station frequently and making him sit hours together from morning to evening which is disturbing his privacy and offending his rights.
3. A counter affidavit has been filed by the fourth respondent herein, inter aila stating that the petitioner is an unlawful character locally and continuously indulging in commission of lawless acts involving breach of public peace and tranquility. It is submitted that as per the records available, the petitioner is involved in the following criminal cases:
(i) Crime No.320/2012 under Sections 341, 324, 427 read with Section 34 IPC of Malkajgiri Police Station, Rachakonda Commissionerate, which ended in compromise on 25.03.2013 before the Lok Adalath vide C.C.No.311/2013.
(ii) Crime No.542/2017 under Section 292 IPC and Sections 66E and 67 of the I.T. Act of Cyber Crime Police Station, Rachakonda Commissionerate, which ended in acquittal on 30.07.2021 vide C.C.No.4907/2018.
3 CVBR,J W.P.NO.7015 OF 2023
(iii) Crime No.553/2017 under Sections 292, 201, 354D and 507 IPC, Sections 66E and 67 of the I.T. Act of Cyber Crime Police Station, Rachakonda Commisionerate, which ended in acquittal on 30.07.2021 vide C.C.No.4908/2018.
(iv) Crime No.675/2018 under Sections 341 and 332 IPC of Malkajgiri Police Station, Rachakonda Commissionerate, which is pending trial vide C.C.No.510/2019.
(v) Crime No.676/2018 under Sections 341, 307, 506, 147 and 148 read with 149 IPC of Malkajgiri Police Station, Rachakonda Commissionerate, which ended in acquittal on 22.07.2022 vide C.C.No.510 /2019.
(vi) Bind-over case vide C.No.18/2023, dated 02.03.2023. It is further submitted that, in view of involvement of the petitioner in the above criminal cases, opening a rowdy sheet against the petitioner has become incumbent on the part of the police to keep a watch on his activities and to curtail unlawful activities and as per the proceedings of the Assistant Commissioner of Police, Malkajgiri Division, Rachakonda Commissionerate vide C.No.154/Rowdysheet/ACP- M/RCK/2018, dated 31.12.2018, rowdy sheet has been opened against the petitioner and it is continuing till date. In order to curtail the petitioner from involving in unlawful activities and to 4 CVBR,J W.P.NO.7015 OF 2023 watch his movements from time to time in the larger public interest, the rowdy sheet/suspect sheet is being continued. It is further submitted that the prayer of the petitioner seeking closure of the rowdy sheet against him is incorrect, false, baseless, far from truth and created for the purpose of filing the present Writ Petition and there are no grounds to close the rowdy sheet, as the petitioner may repeat the offence and may create law and order problem and prayed to dismiss the Writ Petition.
4. Learned counsel for the petitioner has submitted that except two criminal cases which are pending for trial, there are no cases pending against the petitioner and therefore, prayed to close the rowdy sheet opened against the petitioner. In support of his submission, he has relied upon the judgment in Kharak Singh v. State of U.P. and others 1 and Vijay Narain Singh v. State of Bihar 2, in which, the Apex Court held that opening of rowdy sheet and continuing the same without any valid reason would not characterize a person that he is habitually involving in commission of offences.
5. Learned counsel for the petitioner has further relied on the judgments in Sunkara Satyanarayana v. State of Andhra 1 AIR 1963 SC 1295 2 AIR 1984 SC 1334 5 CVBR,J W.P.NO.7015 OF 2023 Pradesh 3; B. Satyanarayana Reddy v. State of Andhra Pradesh 4; Majid Babu v. Government of Andhra Pradesh 5; Kamma Bapuji v. Station House Officer, Brahmasamudram 6. He has further relied on the judgment in Puttagunta Pasi v. Commissioner of Police, Vijayawada 7, in which, the Division Bench has specifically observed that a rowdy sheet could not be opened against an individual in a casual and mechanical manner and due care and caution should be taken by the police before characterizing a person as a rowdy.
6. Learned counsel for the petitioner has placed much reliance on the judgment in Yerramsetti Venugopal Rao v. State of Andhra Pradesh and others 8, in which, the learned Single Judge of High Court of Andhra Pradesh while referring to the Standing Orders of A.P. Police Manual and the principles laid down in the catena of judgments held that history sheet of a rowdy can be continued (i) if the activities are prejudicial to the maintenance of public order or affecting peace and tranquility in the area; ii) the victims are not coming forward to give complaint against him on account of threat from him. 3 2000(1) ALD (Crl.) 117 (AP) 4 2004(1) ALD (Crl.) 387 (AP) 5 1987(2) ALT 904 6 1997(6) ALD 583 7 1998(3) ALT 55 (DB) 8 2020(2) ALD (Crl.) 1048 (AP) 6 CVBR,J W.P.NO.7015 OF 2023
7. It is apt to refer to the relevant Standing Orders of A.P. Police Manual.
Maintenance of rowdy sheets is governed by Standing Order No.601 of A.P. Police Manual, Part-I, Volume II, which reads as under:
"601. The following persons may be classified as rowdies and Rowdy Sheets (Form 80) may be opened for them under the orders of the SP/DCP and ACP/SDPO. A. Persons who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbance to public order and security.
B. Persons bound over under Sections 106, 107, 108(1) (i) and 110(e) and (g) of Cr.P.C. C. Persons who have been convicted more than once in two consecutive years under sections 59 and 70 of the Hyderabad City Police Act or under section 3, clause 12, of the AP Towns Nuisances Act.
D. Persons who habitually tease women and girls and pass indecent remarks.
F. Persons who intimidate by threats or use of physical violence or other unlawful means to part with movable or immovable properties or in the habit of collecting money by extortion from shopkeepers, traders and other residents.
G. Persons who incite and instigate communal/caste or political riots. H. Persons detained under the "AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug 7 CVBR,J W.P.NO.7015 OF 2023 Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986" for a period of 6 months or more.
I. Persons who are convicted for offences under the Representatives of the Peoples' Act for rigging and carrying away ballot paper, Boxes and other polling material"'
8. The period of retention of history sheets of suspects/rowdies is governed by Standing Order No.602 of A.P. Police Manual and the same reads as follows:
"602-1. History Sheets of suspects shall be maintained from the date of registration up to the end of December, after which the orders of a gazetted officer as to their discontinuance or retention for a further period shall be obtained.
2. 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 are not coming forward to give complaint against him on account of threat from him."
9. Standing Order No.742 of A.P. Police Manual deals with the classification of rowdies and opening of rowdy sheets and the same is extracted below:
8 CVBR,J W.P.NO.7015 OF 2023 "742. Rowdies:- (1) The following persons may be classified as rowdies and Rowdy Sheets (Form
88) may be opened for them under the order of the Superintendent of Police or Sub-divisional Officer:
(a) persons who habitually commit, attempt to commit or abet the commission of, offences involving a breach of the peace;
(b) persons bound over under Sections 106, 107, 108(c) and 110(1) of the Code of Criminal Procedure, 1973 (Act No.2 of 1974);
(c) persons who have been convicted more than once in two consecutive years under Section 75 of the Madras City Police Act or under Section 3, clause 12, of the Towns Nuisances Act;
(d) persons who habitually tease women and girls by passing indecent remarks or otherwise; and
(e) in the case of rowdies residing in an area under one Police Station but are found to be frequently visiting the area under one or more other Police Stations their rowdy sheets can be maintained at all such Police Stations; (G.O. Ms. No. 656, Home (Police-D) Dept. Dt. 8-4- 1971) (2) Instructions in Order 735 regarding discontinuance of History Sheets shall also apply to Rowdy Sheets."
10. In the present case, as per the counter-affidavit, except two cases which are pending for trial, there are no cases pending against the petitioner as on date to maintain the rowdy 9 CVBR,J W.P.NO.7015 OF 2023 sheet or to keep surveillance on the activities of the petitioner in any manner. However, it is not the case of the respondents that the petitioner is a habitual offender and there is every possibility of threat to the public at large. Further, the respondents have not given any specific instance of the petitioner's involvement in the commission of offence subsequently.
11. It is settled legal position that involvement of a person in two criminal cases is not sufficient to classify such a person as a habitual offender under Clause (A) of Standing Order 601 of A.P.Police Manual.
12. In view of the above settled legal position and inasmuch as in catena of cases, the Courts are consistently directing the police to maintain the rowdy sheet as per the Standing Orders of A.P. Police Manual, this Court has no hesitation in holding that the opening of the rowdy sheet in the name of the petitioner and continuance of the same thereafter is in violation of Articles 14, 19(1)(g) and 21 of the Constitution of India.
13. Therefore, the respondents-police are directed to close the rowdy sheet opened against the petitioner. It is needless to observe that if the petitioner involves in any crime in future and if there is any sufficient material to establish that his 10 CVBR,J W.P.NO.7015 OF 2023 movements are required to be prevented, the respondents-police are at liberty to take action against him strictly in accordance with the Standing Orders of A.P. Police Manual.
14. Accordingly, the Writ Petition is allowed.
There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed.
___________________________ C.V. BHASKAR REDDY, J 9th February 2024 RRB