Vakka Ayyappa vs The State Of Telangana And 3 Others
2021 Latest Caselaw 3788 Tel

                       The Hon'ble Sri Justice B. Vijaysen Reddy

                                W.P. No. 15907 of 2021

Order:

           Heard learned counsel for the petitioner and learned Assistant

Government Pleader for Home appearing for the respondents.

2. The grievance of the petitioner is that a rowdy sheet is opened

against him based on a single case viz., Crime No.11 of 2016 of

Nallabelli Police Station, registered for the offences punishable under

Sections 354, 354A and 354D of IPC, in the year 2016 and that

respondents No.2 to 4/Police authorities have been continuing the said

rowdy sheet without reviewing from time to time.

3. Learned counsel for the petitioner submits that the petitioner

cannot be branded as a habitual offender and that opening and

continuing of rowdy sheet on the strength of a single criminal case, is

arbitrary and unconstitutional.

4. Learned Assistant Government Pleader fairly concedes that the

petitioner cannot be branded as a habitual offender. However, he

submits that this Court in Kanala Kemadri vs. Prl. Secretary, Home

Department., Hyderabad and another1, held that opening of rowdy

sheet on the basis of involvement in a solitary criminal case is not

sufficient to treat an accused as a habitual offender under Clause- A of

Order 601 of the Andhra Pradesh Police Manual Standing Orders.

5. Following the said judgment, this Writ Petition is allowed.

2019 SCC OnLine TS 2822

As a sequel, Miscellaneous Petitions, pending if any, stand

disposed of.

___________________ (B. Vijaysen Reddy, J) Dt: 25th November, 2021 lur