Telangana High Court
Saleh Bin Omer vs The State Of Telangana on 19 March, 2024
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.16563 of 2023
ORDER:
This Writ Petition is filed praying this Court to declare the action of respondent No.4 in calling the petitioner to the police station and harassing him under the guise of a rowdy sheet being pending against him and not informing him about the details of the rowdy sheet, as illegal, arbitrary, mala fide and violative of Article 21 of the Constitution of India.
2. The case of the petitioner is that three crimes have been registered against him for various offences, namely (i) Crime No.343 of 2004, for the offences under Sections 147, 148 and 302 of the Indian Penal Code (IPC) and Section 25 (1) of the Arms Act; (ii) Crime No.80 of 2007, for the offence under Sections 324 read with 34 IPC; and (iii) Crime No.760 of 2008, for the offence under Section 307 read with 34 IPC and Crime No.343 of 2004 was ended in acquittal and Crime No.80 of 2007 was compromised before the Lok Adalat. In Crime No.70 of 2008, charge 2 CVBR, J W.P.NO.16563 OF 2023 sheet was filed, which was numbered as S.C.No.468 of 2011 and he was convicted by the II Additional Metropolitan Sessions Judge, Hyderabad, vide judgment, dated 12.10.2017. Aggrieved by the said conviction, the petitioner filed Crl.A.No.1286 of 2017 before this Court and this Court granted bail. Except the said Criminal Appeal, no criminal cases are pending against him in any police station as on date. The main grievance of the petitioner is that except one solitary crime, there are no criminal cases pending against him but the respondents with a mala fide intention are continuing the rowdy sheet and due to surveillance, he is facing much inconvenience and hardship to lead a respectable and dignified life in the society.
3. A counter affidavit has been filed by respondent No.3 stating that the petitioner was involved in as many as ten cases and the particulars of which are as under:-
Sl. Crime No and offences SC/CC No. Remarks No.
1. Cr.No.343 of 2004, S.C.No.78 of Acquitted on under Sections 147, 2009 12.06.2009 148, 302 of IPC and Section 25 (1) of Arms 3 CVBR, J W.P.NO.16563 OF 2023 Act
2. Cr.No.80 of 2007, C.C.No.1511 of Compromised under Section 324 2007 in Lok Adalat read with 34 of I.P.C. on 20.04.2011
3. Cr.No.70 of 2007 S.C.No.468 of Convicted on under Section 307 2011 12.10.2017 read with 34 of I.P.C.
4. Cr.No.81 of 2011 -- Bounded over under Section 41-A on 16.07.2011 and 107 of Cr.P.C. for a period of one year
5. Cr.No.92 of 2010 -- Bounded over under Section 41-A on 14.07.2010 and 107 of Cr.P.C. for a period of one year
6. Cr.No.95 of 2013 -- Bounded over under Section 41-A on 23.06.2013 and 107 of Cr.P.C. for a period of one year
7. Cr.No.108 of 2017 M.C.No.B/506/ Bounded over under Section 41-A 2017 on 24.08.2017 and 107 of Cr.P.C. for a period of one year
8. Cr.No.158 of 2019 M.C.No.B/854/ Bounded over under Section 110 (e) 19 on 25.11.2019 of Cr.P.C. for a period of one year
9. Cr.No.243 of 2020 M.C.No.B/750/ Bounded over under Section 110 (e) 20 on 17.11.2020 of Cr.P.C. for a period of one year
10. Bound over M.C.No.B/859/ Bounded over proceedings under 21 on 07.12.2021 Section 110 (e) of for a period of Cr.P.C. one year
4. It is also stated that basing on the instructions issued by the Assistant Commissioner of Police, Santosh Nagar Division, Hyderabad (Now Mirchowk Division), rowdy 4 CVBR, J W.P.NO.16563 OF 2023 sheet has been opened against the petitioner on the file of Bhavani Nagar Police Station vide No.200/OW/ACP- STN/2009, dated 13.05.2009 and later, the rowdy sheet was renewed vide No.537/OW/INS-BNR/2022, dated 31.12.2022 and the same is being maintained against the petitioner as on date. It is further stated that the petitioner is young and energetic and creating nuisance with the general public, but due to fear no body came forward to lodge complaint against him and if the rowdy sheet is closed, he may repeat the same offences. It is further stated that only to curb and curtail the unlawful activities of the petitioner, a rowdy sheet was opened against him to watch his movements from time to time in the public interest as per Standing Order No.601 of A.P. Police Manual. Reference has been made to the Circular No.2172/C13/ SCRB/CID/TS/22 dated 22.07.2022 issued by the Director General of Police, Hyderabad, which prescribes the procedure for opening the rowdy sheets against the habitual offenders. It is also stated that there is no case registered against the petitioner after closure of the aforesaid criminal cases.
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5. A reply affidavit filed has been filed by the petitioner stating that except Crl.A.No.1286 of 2017 arising out of Crime No.70 of 2008, no cases are pending against him and in the said appeal also bail was granted by this Court and the said fact was also mentioned in the writ affidavit.
6. Learned counsel for the petitioner has submitted that except a solitary case which is pending before this Court i.e., Crl.A.No.1286 of 2017, 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.
7. Learned counsel for the petitioner has further relied on the judgments in Sunkara Satyanarayana v. State of 1 AIR 1963 SC 1295 2 AIR 1984 SC 1334 6 CVBR, J W.P.NO.16563 OF 2023 Andhra 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.
8. 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 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) 7 CVBR, J W.P.NO.16563 OF 2023 or affecting peace and tranquility in the area; and ii) the victims are not coming forward to give complaint against him on account of threat from him.
9. It is apt to refer to the relevant Standing Orders of A.P. Police Manual.
10. 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.8
CVBR, J W.P.NO.16563 OF 2023 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 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"'
11. 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 9 CVBR, J W.P.NO.16563 OF 2023 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."
12. 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:
"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;10
CVBR, J W.P.NO.16563 OF 2023
(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."
13. In the present case, as per the counter-affidavit, except the solitary case i.e., Crl.A.No.1286 of 2017, which is filed against the conviction and sentence in S.C.No.468 of 2011 arising out of Crime No.70 of 2008, there are no cases pending against the petitioner as on date to maintain the rowdy 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 11 CVBR, J W.P.NO.16563 OF 2023 instance of the petitioner's involvement in the commission of offence subsequently.
14. It is settled legal position that involvement of a person in a solitary criminal case is not sufficient to classify such a person as a habitual offender under Clause (A) of Standing Order 601 of A.P.Police Manual.
15. 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.
16. 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 movements are required to be prevented, 12 CVBR, J W.P.NO.16563 OF 2023 the respondents-police are at liberty to take action against him strictly in accordance with the Standing Orders of A.P. Police Manual.
17. Accordingly, this 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 19th March 2024 RRB