Andhra Pradesh High Court - Amravati
Balla Rajesh vs The State Of Ap on 16 October, 2023
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.24094 of 2023
Order :
This Writ Petition is filed seeking to declare the action of
respondents in opening and continuing rowdy sheet in the name
of the petitioner as illegal and arbitrary and consequently direct
the respondents to close the said rowdy sheet.
2. Case of the writ petitioner is that he is shown as Accused
in S.C.No.148 of 2019 on the file of the Assistant Sessions
Judge Court, Mangalagiri and he was acquitted in the said
Sessions Case vide Judgment dated 24.06.2019. As except the
aforesaid case, no case is pending against the petitioner, the
Rowdy Sheet opened against him ought to have been closed.
Hence, the Writ Petition.
3. A counter affidavit is filed by the respondent No.4 stating
that the petitioner was acquitted in S.C.No.148 of 2019. In
C.C.Nos.298 of 2023 and 386 of 2023 the petitioner is shown as
Accused on the file of the Assistant Sessions Judge,
Mangalagiri. In the said two cases also the petitioner was
acquitted on 12.5.2023 and 13.5.2023 respectively as the
parties compromised the matter before the Lok Adalath. In
S.T.C.1074 of 2021 on the file of the Special Judicial II Class
Magistrate, Mangalagiri the petitioner was convicted and
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sentenced to pay fine of Rs.1,000/- for the offence punishable
under Section 286 IPC. It is further stated that to curb and
curtail the unlawful activities of the petitioner herein in the
vicinity, the Station House Officer, Tadepalli Police Station,
Guntur District, opened rowdy sheet against the petitioner
herein after obtaining permission from the Sub-Divisional Police
Officer, Guntur Sub-Division vide C.No.159/SDPO/North
Division, dated 25.8.2014.
4. Heard. Perused the material on record.
5. According to the petitioner, he was acquitted in
S.C.No.148 of 2019 on the file of the Assistant Sessions Judge
Court, Mangalagiri, vide Judgment dated 24.06.2019. Except
the above said case, no case is pending against the petitioner.
6. As per APPM Order No.601, the following persons may be
classified as rowdies and rowdy sheets may be opened for them
under the orders of the SP/DCP and ACP/SDPO.
"1. Persons, who habitually commit, attempt
to commit or abet the commission of offences
involving a breach of the peace, disturbances to
public order and security.
2. Persons bound over under Sections 106,
107, 108(1) and 110(e) and (g) of Cr.P.C.
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3. 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 Town
Nuisances Act.
4. Persons who habitually tease women and
girls and pass indecent remarks including offences
under Sections 354-A, B, C and 354-D IPC.
5. Persons who have been charge sheeted
under the offence of Rape (376, 376-A, B, C, D and
E IPC).
6. Persons who have been charge sheeted
under the offences of POCSO Act, 2012 and Acid
Attacks (326A and 326B of IPC).
7. Rowdy sheets for the rowdies residing one
police station area but found frequenting the other
police stations area, can be maintained at all such
police stations.
8. 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 including
„loan sharks‟.
9. Persons who incite, instigate and
participate in communal/caste or political riots.
10. 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.
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11. Persons on whom charge sheets filed
under the offence of assault on public servants,
under Arms Act and such other offences
punishable with imprisonment of 2 years or more.
12. Persons on whom charge sheets filed
under the offence of murder and attempt to murder
(302 and 307 IPC).
13. Persons on whom charge sheets filed
under the offence of chain snatching.
14. Persons who are convicted under the
Representation of People Act, 1951 for rigging,
carrying away, damaging ballot paper, boxes and
polling material."
Standing Order 602 (2) stipulates that 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/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.
7. As on today, there are no cases pending against the
petitioner herein. It is not the case of the respondent police that
the petitioner has been shown as accused in any other case or
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he was directed to bind over under Section 107 Cr.P.C. Going
by the Police Standing Order No.601, the petitioner would not
come within the purview of any of the clauses mentioned
therein. Clause 1 of Police Standing Order No.601 contemplates
that rowdy sheets may be opened against the persons, who
habitually commit, attempt to commit or abet the commission of
offences involving a breach of the peace, disturbances to public
order and security. In the present case on hand, there are no
cases pending against him. By virtue of the same, it can safely
be inferred that the petitioner herein would not come within the
purview of habitual offender. It is not the case of the
respondent-police, nor is there any material to show, that the
activities of the petitioner are prejudicial to the maintenance of
public order or affecting peace and tranquility in the area or
that he is threatening the victims from giving complaints
against him. Neither he abetted the commission of offences
involving breach of peace nor he was responsible for causing
disturbances to public order or security. When such is the
case, continuation of rowdy sheet against the petitioner herein
would amount to abuse of process of the Court.
8. In view of the aforesaid facts and circumstances of the
case, the Writ Petition is allowed and the Rowdy Sheet opened
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against the petitioner herein is hereby quashed. There shall be
no orders as to costs.
As a sequel thereto, the miscellaneous petitions, if any,
pending in this Writ Petition shall stand closed.
____________________________
K. SREENIVASA REDDY, J.
16.10.2023
GR
HON'BLE SRI JUSTICE K. SREENIVASA REDDY
Writ Petition No.24094 of 2023
16.10.2023
GR
