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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
C.V.Bhaskar Reddy, J.
Nukapeyi Rajendra Vardhan - Appellant
Versus
The State of Telangana - Respondent
Writ Petition No. 34050 of 2023
Decided On : 01-03-2024
Rowdy Sheet - Criminal Law - Standing Order No.601 of A.P. Police Manual, Standing Order No.602 of A.P. Police Manual, Standing Order No.742 of A.P. Police Manual - The court discussed the provisions of the A.P. Police Manual governing the maintenance of rowdy sheets and emphasized that the police must have valid reasons to maintain a rowdy sheet against an individual. The court also highlighted the requirement for specific instances of the individual's involvement in criminal activities to justify the maintenance of a rowdy sheet.
Fact of the Case:
The petitioner sought to declare the action of the respondents in maintaining a rowdy sheet against him, despite being acquitted in all criminal cases, as illegal and arbitrary. The petitioner argued that the continued maintenance of the rowdy sheet was causing inconvenience and hardship in leading a respectable life.
Finding of the Court:
The court found that there were no pending criminal cases against the petitioner, and the respondents' action in maintaining the rowdy sheet without valid reasons was improper. The court directed the respondents to close the rowdy sheet and cautioned that future actions against the petitioner should strictly adhere to the A.P. Police Manual.
Issues: The main issue was the legality of maintaining a rowdy sheet against the petitioner despite the absence of pending criminal cases.
Ratio Decidendi: The court emphasized that the police must have valid reasons and specific instances of an individual's involvement in criminal activities to justify the maintenance of a rowdy sheet. The court also highlighted the need to strictly adhere to the provisions of the A.P. Police Manual in taking future actions against the petitioner.
Final Decision: The court allowed the writ petition, directing the respondents to close the rowdy sheet opened against the petitioner and cautioned that any future actions should strictly adhere to the A.P. Police Manual.
ORDER
C.V.Bhaskar Reddy, J. - This writ petition is filed seeking to declare the action of respondents in not closing the rowdy sheet opened against him and continuing the same even after the petitioner was acquitted in all the criminal cases 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 the respondents-police have registered 11 cases against him. Out of the above cases, some of the cases are closed as mistake of fact and false, some of the cases were compromised before the Lok Adalath and in some of the cases the petitioner was acquitted. The particulars of which are as under:-
| Sl. No. | Crime No. & Police Station | C.C.No. | Remarks |
| 1. | Cr.No.51 of 203 under Sections 294 (b), 324, 506 read with 343 of I.P.C. 1of 2006 Under Sections 341, 427, 323 and 506 of IPC | -- | Referred as mistake of fact |
| 2. | Crime No.110 of 2006 under Sections 448, 384, 506 read with 34 of IPC | C.C.No.1295 of 2006 | Acquitted on 22.02.2008 |
| 3. | Crime No.268 of 2006 under Sections 294 (b), 506 read with 34 of IPC | C.C.No.640 of 2007 | Acquitted on 31.03.2009 |
| 4. | Crime No.223 of 2007 under Sections 294 (b), 354 and 307 of IPC | -- | Referred as false on 17.04.2008 |
| 5. | Crime No.154 of 2008 under Sections 326 read with 34 of IPC | C.C.No.153 of 2009 | Acquitted on 21.09.2010 |
| 6. | Crime No.26 of 2009 under Section 160 of IPC | -- | Acquitted on 29.03.2011 |
| 7. | Crime No.130 of 2011 under sections 454, 380 and 411 of IPC | C.C.No.257 of 2011 | Compromised on 16.06.2012 |
| 8. | Crime No.250 of 2014 under Section 506 of IPC | C.C.No.1472 of 2014 | Compromised on 16.06.2012 |
| 9. | Crime No.77 of 2017 under Sections 504, 506 and 294 (b) read with 34 of IPC | C.C.No.18 of 2017 | Compromised on 26.03.2019 |
| 10. | Crime No.201 of 2017 under Section 188 of IPC | -- | Acquitted on 12.12.2020 |
| 11. | Crime No.238 of 2018 under Section 188 of I.P.C. | C.C.No.688 of 2019 | Closed on 16.04.2011 |
As on date no criminal cases are pending against him in any police station. 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.2 stating that the petitioner was involved in 11 cases as stated supra. It is also stated that basing on the instructions issued by the Sub-Divisional Police Officer, Bhadrachalam, Bhadradri-Kothagudem District, , rowdy sheet has been opened against the petitioner vide C.No.1623/SDO-D/2007, dated 26.12.2007 and the same is being maintained against the petitioner. It is further stated that as on date, there are no cases pending against the petitioner and 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.
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 petiti
The main legal point established in the judgment is that the maintenance of a rowdy sheet against an individual must be justified by valid reasons and specific instances of involvement in criminal ac....
The main legal point established is that the police must have valid reasons, as per the A.P. Police Manual and legal precedents, to maintain a rowdy sheet against an individual, especially when there....
The central legal point established in the judgment is that the opening and continuation of a rowdy sheet must be based on valid reasons and evidence, and involvement in a solitary criminal case is n....
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