Telangana High Court
Mohd Yakhub Alias Parvez Patel vs The State Of Telangana on 22 March, 2024
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.37789 of 2021
ORDER:
This Writ Petition is filed praying this Court to declare the action of the respondents in opening the rowdy sheet against the petitioner, as being illegal, arbitrary, unconstitutional and violative of Article 21 of the Constitution of India and consequently direct the respondents to close the rowdy sheet opened against the petitioner.
2. The case of the petitioner is that two crimes have been registered him for various offences, namely (i) Crime No.284 of 2021, for the offences under Section 447 and 427 of I.P.C. and (ii) Crime No.4 of 2019, for the offences under Sections 447, 506, 323 and 365 read with 34 of the Indian Penal Code. Out of the above crimes, Crime No.4 of 2019 was withdrawn by the complainant and as such except Crime No.284 of 2021, no criminal cases are pending against him in any police station as on date. The main grievance of the petitioner is that, though except one 2 CVBR, J W.P.NO.37789 OF 2021 solitary crime there are no criminal cases pending against him, 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.4 stating that the petitioner was involved in as many as six cases and the particulars of which are as under:-
Sl. Crime No and offences SC/CC No. Remarks No.
1. Cr.No.25 of 2019, C.C.No.4950 of Pending for trial under Section 379 of 2020 I.P.C.
2. Cr.No.467 of 2018, C.C.No.12596 Pending for trial under Sections 447 of 2020 and 506 read with 34 of I.P.C.
3. Cr.No.134 of 2018, C.C.No.12850 Pending for trial under Sections 448 of 2020 and 507 read with 34 of I.P.C.
4. Cr.No.462 of 2018, C.C.No.12600 Pending for trial under Sections 447, of 2020 427 and 506 read with 34 of I.P.C.
5. Cr.No.4 of 2019, under C.C.No.2515 of Pending for trial Sections 447, 506, 323 2021 and 365 read with 34 of I.P.C.3
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6. Cr.No.284 of 2021, -- Pending under Sections 447, 427 and 143 read with 34 of I.P.C.
4. It is also stated that basing on the instructions issued by the Assistant Commissioner of Police, Rajendra Nagar Division, Cyberabad Unit, rowdy sheet has been opened against the petitioner on the file of Rajendranagar Police Station vide No.18/Rowdy Sheet/ACP- RN/Cyb/2021, dated 27.08.2021. Later the rowdy sheet was transferred to Hussaini Alam Police Station, Hyderabad through proper channel for maintaining and close surveillance of the petitioner vide No.113/IN/HAL/Hyd.2021, dated 20.12.2021 and the same is being maintained against him as on date. It is further stated that the petitioner is creating nuisance with the general public, but due to fear no body came forward to lodge complaint against him. 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 4 CVBR, J W.P.NO.37789 OF 2021 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.
5. A reply affidavit filed has been filed by the petitioner stating that except Crime No.284 of 2021, no cases are pending against him. It is stated that the proceedings in C.C.No.4950 of 2020 arising out of Crime No.25 of 2019 were quashed by this Court in Criminal Petition No.8626 of 2021, dated 06.01.2022. In Crime No.467 of 2018, the petitioner has not been arrayed as an accused and one Irfan Patel and Mohd. Zubair are shown as the accused. Insofar as C.C.No.2515 of 2021 arising out of Crime No.4 of 2019 is concerned, the proceedings have been quashed by this Court vide order, dated 16.02.2023 in Criminal Petition No.3211 of 2022. The proceedings in 5 CVBR, J W.P.NO.37789 OF 2021 C.C.No.12600 of 2020 arising out of Crime No.462 of 2018 are also quashed by this Court in Criminal Petition No.8625 of 2021, dated 20.12.2021. It is further stated that the proceedings in Crime No.248 of 2021 were quashed in Criminal Petition No.508 of 2022, dated 04.01.2023. The said orders were filed before this Court along with the reply copies.
6. Learned counsel for the petitioner has submitted that except a solitary case 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.37789 OF 2021 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.37789 OF 2021 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.
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.37789 OF 2021 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.37789 OF 2021 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
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(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 material available on record, except the solitary case 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 instance of the petitioner's involvement in the commission of offence subsequently.
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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, the respondents-police are at liberty to take action against him strictly in accordance with the Standing Orders of A.P. Police Manual.
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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 22nd March 2024 RRB