Telangana High Court
Saleh Bin Omer vs The State Of Telangana on 19 March, 2024
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.16563 of 2023
ORDER:
This Writ Petition is filed praying this Court to declare
the action of respondent No.4 in calling the petitioner to
the police station and harassing him under the guise of a
rowdy sheet being pending against him and not informing
him about the details of the rowdy sheet, as illegal,
arbitrary, mala fide and violative of Article 21 of the
Constitution of India.
2. The case of the petitioner is that three crimes have
been registered against him for various offences, namely (i)
Crime No.343 of 2004, for the offences under Sections 147,
148 and 302 of the Indian Penal Code (IPC) and Section 25
(1) of the Arms Act; (ii) Crime No.80 of 2007, for the offence
under Sections 324 read with 34 IPC; and (iii) Crime
No.760 of 2008, for the offence under Section 307 read
with 34 IPC and Crime No.343 of 2004 was ended in
acquittal and Crime No.80 of 2007 was compromised
before the Lok Adalat. In Crime No.70 of 2008, charge
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sheet was filed, which was numbered as S.C.No.468 of
2011 and he was convicted by the II Additional
Metropolitan Sessions Judge, Hyderabad, vide judgment,
dated 12.10.2017. Aggrieved by the said conviction, the
petitioner filed Crl.A.No.1286 of 2017 before this Court and
this Court granted bail. Except the said Criminal Appeal,
no criminal cases are pending against him in any police
station as on date. The main grievance of the petitioner is
that except one solitary crime, there are no criminal cases
pending against him but 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.3
stating that the petitioner was involved in as many as ten
cases and the particulars of which are as under:-
Sl. Crime No and offences SC/CC No. Remarks
No.
1. Cr.No.343 of 2004, S.C.No.78 of Acquitted on
under Sections 147, 2009 12.06.2009
148, 302 of IPC and
Section 25 (1) of Arms
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W.P.NO.16563 OF 2023
Act
2. Cr.No.80 of 2007, C.C.No.1511 of Compromised
under Section 324 2007 in Lok Adalat
read with 34 of I.P.C. on 20.04.2011
3. Cr.No.70 of 2007 S.C.No.468 of Convicted on
under Section 307 2011 12.10.2017
read with 34 of I.P.C.
4. Cr.No.81 of 2011 -- Bounded over
under Section 41-A on 16.07.2011
and 107 of Cr.P.C. for a period of
one year
5. Cr.No.92 of 2010 -- Bounded over
under Section 41-A on 14.07.2010
and 107 of Cr.P.C. for a period of
one year
6. Cr.No.95 of 2013 -- Bounded over
under Section 41-A on 23.06.2013
and 107 of Cr.P.C. for a period of
one year
7. Cr.No.108 of 2017 M.C.No.B/506/ Bounded over
under Section 41-A 2017 on 24.08.2017
and 107 of Cr.P.C. for a period of
one year
8. Cr.No.158 of 2019 M.C.No.B/854/ Bounded over
under Section 110 (e) 19 on 25.11.2019
of Cr.P.C. for a period of
one year
9. Cr.No.243 of 2020 M.C.No.B/750/ Bounded over
under Section 110 (e) 20 on 17.11.2020
of Cr.P.C. for a period of
one year
10. Bound over M.C.No.B/859/ Bounded over
proceedings under 21 on 07.12.2021
Section 110 (e) of for a period of
Cr.P.C. one year
4. It is also stated that basing on the instructions
issued by the Assistant Commissioner of Police, Santosh
Nagar Division, Hyderabad (Now Mirchowk Division), rowdy
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sheet has been opened against the petitioner on the file of
Bhavani Nagar Police Station vide No.200/OW/ACP-
STN/2009, dated 13.05.2009 and later, the rowdy sheet
was renewed vide No.537/OW/INS-BNR/2022, dated
31.12.2022 and the same is being maintained against the
petitioner as on date. It is further stated that the petitioner
is young and energetic and creating nuisance with the
general public, but due to fear no body came forward to
lodge complaint against him and if the rowdy sheet is
closed, he may repeat the same offences. 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 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.
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5. A reply affidavit filed has been filed by the petitioner
stating that except Crl.A.No.1286 of 2017 arising out of
Crime No.70 of 2008, no cases are pending against him
and in the said appeal also bail was granted by this Court
and the said fact was also mentioned in the writ affidavit.
6. Learned counsel for the petitioner has submitted that
except a solitary case which is pending before this Court
i.e., Crl.A.No.1286 of 2017, 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
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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)
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or affecting peace and tranquility in the area; and 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.
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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
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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;
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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 counter-affidavit,
except the solitary case i.e., Crl.A.No.1286 of 2017, which
is filed against the conviction and sentence in S.C.No.468
of 2011 arising out of Crime No.70 of 2008, 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
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instance of the petitioner's involvement in the commission
of offence subsequently.
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,
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the respondents-police are at liberty to take action against
him strictly in accordance with the Standing Orders of A.P.
Police Manual.
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
19th March 2024
RRB
