Telangana High Court
Mohd Yakhub Alias Parvez Patel vs The State Of Telangana on 22 March, 2024
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.37789 of 2021
ORDER:
This Writ Petition is filed praying this Court to declare
the action of the respondents in opening the rowdy sheet
against the petitioner, as being illegal, arbitrary,
unconstitutional and violative of Article 21 of the
Constitution of India and consequently direct the
respondents to close the rowdy sheet opened against the
petitioner.
2. The case of the petitioner is that two crimes have
been registered him for various offences, namely (i) Crime
No.284 of 2021, for the offences under Section 447 and
427 of I.P.C. and (ii) Crime No.4 of 2019, for the offences
under Sections 447, 506, 323 and 365 read with 34 of the
Indian Penal Code. Out of the above crimes, Crime No.4 of
2019 was withdrawn by the complainant and as such
except Crime No.284 of 2021, no criminal cases are
pending against him in any police station as on date. The
main grievance of the petitioner is that, though except one
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solitary crime 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 by respondent No.4
stating that the petitioner was involved in as many as six
cases and the particulars of which are as under:-
Sl. Crime No and offences SC/CC No. Remarks
No.
1. Cr.No.25 of 2019, C.C.No.4950 of Pending for trial
under Section 379 of 2020
I.P.C.
2. Cr.No.467 of 2018, C.C.No.12596 Pending for trial
under Sections 447 of 2020
and 506 read with 34
of I.P.C.
3. Cr.No.134 of 2018, C.C.No.12850 Pending for trial
under Sections 448 of 2020
and 507 read with 34
of I.P.C.
4. Cr.No.462 of 2018, C.C.No.12600 Pending for trial
under Sections 447, of 2020
427 and 506 read with
34 of I.P.C.
5. Cr.No.4 of 2019, under C.C.No.2515 of Pending for trial
Sections 447, 506, 323 2021
and 365 read with 34
of I.P.C.
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6. Cr.No.284 of 2021, -- Pending
under Sections 447,
427 and 143 read with
34 of I.P.C.
4. It is also stated that basing on the instructions
issued by the Assistant Commissioner of Police, Rajendra
Nagar Division, Cyberabad Unit, rowdy sheet has been
opened against the petitioner on the file of Rajendranagar
Police Station vide No.18/Rowdy Sheet/ACP-
RN/Cyb/2021, dated 27.08.2021. Later the rowdy sheet
was transferred to Hussaini Alam Police Station,
Hyderabad through proper channel for maintaining and
close surveillance of the petitioner vide
No.113/IN/HAL/Hyd.2021, dated 20.12.2021 and the
same is being maintained against him as on date. It is
further stated that the petitioner is creating nuisance with
the general public, but due to fear no body came forward to
lodge complaint against him. 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
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W.P.NO.37789 OF 2021
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.
5. A reply affidavit filed has been filed by the petitioner
stating that except Crime No.284 of 2021, no cases are
pending against him. It is stated that the proceedings in
C.C.No.4950 of 2020 arising out of Crime No.25 of 2019
were quashed by this Court in Criminal Petition No.8626 of
2021, dated 06.01.2022. In Crime No.467 of 2018, the
petitioner has not been arrayed as an accused and one
Irfan Patel and Mohd. Zubair are shown as the accused.
Insofar as C.C.No.2515 of 2021 arising out of Crime No.4 of
2019 is concerned, the proceedings have been quashed by
this Court vide order, dated 16.02.2023 in Criminal
Petition No.3211 of 2022. The proceedings in
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C.C.No.12600 of 2020 arising out of Crime No.462 of 2018
are also quashed by this Court in Criminal Petition
No.8625 of 2021, dated 20.12.2021. It is further stated
that the proceedings in Crime No.248 of 2021 were
quashed in Criminal Petition No.508 of 2022, dated
04.01.2023. The said orders were filed before this Court
along with the reply copies.
6. Learned counsel for the petitioner has submitted that
except a solitary case 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; 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 material available on
record, except the solitary case 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 subsequently.
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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,
the respondents-police are at liberty to take action against
him strictly in accordance with the Standing Orders of A.P.
Police Manual.
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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
22nd March 2024
RRB
