A.V.L.N. Reddy vs The State Of Telangana

Telangana High Court

A.V.L.N. Reddy vs The State Of Telangana on 24 January, 2024

          THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY

                   WRIT PETITION No.31607 of 2023

ORDER:

This writ petition is filed seeking to declare the action of

respondents in not closing the rowdy sheet opened against him, even

after the petitioner was acquitted in the criminal case as illegal, arbitrary

and violative of Articles 14 and 21 of the Constitution of India and to

consequently direct the respondents to close the rowdy sheet opened

against him and not to harass him in any manner.

2. The case of the petitioner is that on a private complaint lodged

before the Secunderabad Court, the police of Bowenpally Police Station

registered a case in Crime No.257 of 2005 against the petitioner for the

offences punishable Sections 419, 420, 468 and 471 IPC and the police

of Chilkalguda Police Station registered another crime based on a

complaint lodged against him with regard to civil disputes. It is the

further case of the petitioner that while the crime registered on the file of

the Chilkalguda police station was closed as civil in nature, the trial

Court convicted him in the crime registered on the file of Bowenpally

Police Station and subsequently the appeal preferred by the petitioner

vide Appeal No.399 of 2015 before the Sessions Court ended in acquittal. 2

Therefore, no crimes are pending against him in any police station as on

date. However, basing on the alleged offences, the respondents opened

rowdy sheet against him. The main grievance of the petitioner is that

even though 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 respondent No.4 stating that

there was involvement of the petitioner in Crime No.567 of 2018

registered for the offences punishable under Sections 447, 427, 506 read

with 34 IPC on the file of Chilkalguda Police Station, wherein final report

was filed before the Court of X ACMM, Secunderabad on 25.10.2019

referring it as 'lack of evidence' and in Crime No.257 of 2005 registered

for the offences punishable under Sections 419, 420, 468 and 471 IPC

on the file of Bowenpally Police Station, wherein the XI ACCM,

Hyderabad, vide judgment dated 14.05.2015 in CC.No.200 of 2008,

imposed punishment i.e., rigorous imprisonment for one year and fine of

Rs.10,000/- and on appeal being filed by him in Crl.A.No.399 of 2015,

the IV AMSJ, Hyderabad, passed orders on 27.11.2020 setting aside the

conviction orders. It is also stated that as per the permission accorded

by the Assistant Commissioner of Police, Gopalapuram Division, 3

Secunderabad, rowdy sheet was opened against the petitioner on the file

of Station House Officer, Chilkalguda Police Station. Subsequently, on a

letter being addressed by the Inspector of Police, Chilkalguda, the rowdy

sheet has been transferred to LB Nagar Police Station, on the point of

jurisdiction, for further maintenance. It is further stated that having

regard to the involvement of the petitioner in the above crimes,

information was laid before the Mandal Executive Magistrate,

Saroornagar Mandal, Ranga Reddy District, who in turn bound over him

for keeping good behavior for a period of six months vide orders

No.A/2135/2023 dated 03.11.2023. 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.

4. Learned counsel for the petitioner has submitted that as on date,

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 4

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.

5. Learned counsel for the petitioner has relied on the judgments in

Sunkara Satyanarayana v. State of 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.

6. Learned counsel for the petitioner has placed much reliance on the

judgment in Yerramsetti Venugopal Rao v. State of Andhra Pradesh

1 AIR 1963 SC 1295 2 AIR 1984 SC 1334 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) 5

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 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.

7. It is apt to refer to the relevant Standing Orders of A.P. Police

Manual.

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

8 2020(2) ALD (Crl.) 1048 (AP) 6

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.

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"'

8. 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 7

which he was 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."

9. 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;

(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) 8

(2) Instructions in Order 735 regarding discontinuance of History Sheets shall also apply to Rowdy Sheets."

10. In the present case, as per the counter-affidavit, 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 subsequent to

the closure/acquittal of the criminal cases registered against him.

11. In view of the above and inasmuch as in catena of cases, the

Courts are consistently directing the police to maintain the rowdy sheet