M. H. S. ANSARI, J.

( 1 ) HEARD Sri A. Prabakara Sarma, learned Counsel for the petitioner and learned Government Pleader for Home.

( 2 ) THE petitioner seeks a direction for closing the Rowdy Sheet No. 209 dt. 1-10-1982 being maintained by the Yerraguntla Police Station, Cuddapah district.

( 3 ) ON behalf of respondents, the fourth respondent has filed a counter-affidavit wherein it is stated that the petitioner is involved in acts of breach of peace and several crimes have been registered against the petitioner. The particulars thereof have been furnished in the counter-affidavit which are as under: (1) Yerraguntla P. S. Cr. No. 90/80 u/s. 379 IPC. : (2) Yerraguntla P. S. Cr. No. 100/80 u/ss. 147, 148, 324, 307 IPC. (3) Yerraguntla P. S. Cr. No. l02/80u/s. l07cr. P. C. in which the petitioner was bound over u/s. 107 Cr. P. C. It is also stated the the petitioner has been involving himself in lawless acts and on 15-02-1997 the petitioner was arrested and sent on remand in CC. No. 69 of 1997 for offence under Sections 448, 427, 453 IPC which was registered in proddutur II Town Police Station.

( 4 ) AFTER having heard the learned Counsel for either parties and perusing the affidavit and counter-affidavit filed by the respective parties, it is seen that the Rowdy Sheet was opened in the name of the petitioner under Police standing Order No. 742. There are no convictions against the petitioner in any of the crimes that were registered against the petitioner. However, the petitioner was bound over under Section 107 Cr. P. C. for maintaining the peace for one year vide orders in M. C. No. 50 of 1981. The said period of one year has elapsed in 1982.

( 5 ) THE Police Rowdy Sheets are opened under Standing Order 742 and the same reads as under:"742 (1) The following persons may be classified as rowdies and Rowdy sheets (Form 88) may be opened for them under the orders 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 peace; (b) persons bound over under Sections 106 and 107 of the Code of criminal Procedure; and (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 Town Nuisance Act. (2) Instructions in Order 735 regarding discontinuance of History Sheets shall also apply to Rowdy Sheets". A Learned single Judge of this Court in Majid Babu and another vs. Home secretary, Govt. of A. P. and others has considered the question, with regard to the persons who can be stated to be habitually committing crimes, referred to in Clause (1) (a) of P. S. O. 742. It was held therein that merely because two persons were figured as accused in respect of two crimes registered by police, no inference can be drawn that they are habitual offenders. In the instant case the petitioner has not been convicted by any Court in respect of any of the crimes that have been registered against the petitioner. In the circumstances, it has to be held that the petitioner cannot be regarded as a habitual offender under Clause (1) (a) of Police Standing Order 742.

( 6 ) AS regards persons bound over under Sections 106 and 107 Cr. P. C. are concerned, it cannot be denied that a Rowdy Sheet in respect of such persons can be opened under Police Standing Order, 742 in terms of Clause (1) (b) thereof. However, the point for consideration is: whether once an Order under Section 107 Cr. P. C is passed, whether such persons shall continue indefinitely on the Rowdy Sheet? In the instant case, the period of one year for which the petitioner was bound over under Section 107, Cr. P. C. elapsed in 1982 and for fifteen years thereafter the petitioner is being continued on the Rowdy sheet on the basis that he had been bound over under Section 107 Cr. P. C. I cannot accede to the contention of the learned Government Pleader for Home that the only requirement under

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