The Hon’ble Andhra Pradesh High Court held that considering the facts and circumstances of the present case, it could be safely concluded that the Petitioner would not come under the ambit of habitual offender. Further, there was nothing to show that the activities of the Petitioner were prejudicial to the maintenance of public order or affecting peace or tranquility in the area. It was held that in such cases, continuance of rowdy sheet would amount to abuse of process of Court. 

Brief Facts:

As per the Petitioner, offences under Sections 323, 324, 506 r/w 34 IPC and Section3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities Act)1989 were registered against him and he was acquitted in all the above crimes.

There were no other cases pending against him and therefore, Rowdy Sheet against him should have been closed. 

Observations of the Court: 

It was observed that Standing Order 602(2) states that merely because a suspect/rowdy has 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/SP is of the considered view that his activities are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area or the victims are not coming forward to give complaint against him on  account of threat from him.

It was held that in the present case, it could be safely concluded that the Petitioner would not come under the ambit of habitual offender. Further, there was nothing to show that the activities of the Petitioner were prejudicial to the maintenance of public order or affecting peace or tranquility in the area. Therefore, continuance of rowdy sheet in such case would amount to abuse of process of Court. 

The decision of the Court: 

Accordingly, the Bench set allowed the writ petition and quashed the rowdy sheet. 

Case Title: Uggina Govinda Raju and the State of Andhra Pradesh & Ors. 

Case No.:  Writ Petition No. 29152 of 2023 

Coram: Hon’ble Justice K. Sreenivasa Reddy 

Advocate for Petitioner:  Adv. Sri Arrabolu Sai Naveen 

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