ORDER :

1. This Writ Petition is filed questioning the action of respondents in opening the rowdy sheet against the petitioners by overruling the Police Order, Order No. 601 and the Hon’ble Apex Court and High Court guidelines, as illegal and arbitrary.

2. Sri Vinod Kethepally, learned counsel for the petitioners, submits that basing on a crime registered in the year 2017 i.e. Crime No. 145 of 2017 for the offences under Sections 307 and 120(B) read with 34 IPC, the respondent police have opened the rowdy sheet. He submits that in the said case entire investigation is completed and charge sheet is also filed, which is numbered as S.C. No. 521 of 2018 before the Assistant Sessions Judge at L.B. Nagar, Ranga Reddy District, and the petitioners were acquitted vide judgment dated 17.09.2021. Thereafter no cases were registered against the petitioners. Learned counsel submits that a counter-affidavit has been filed by the respondents and in the entire counter-affidavit, there is no whisper about any other cases registered against the petitioners or petitioners are involved in any other activities, which made the respondents to continue the rowdy sheet. He submits that as rowdy sheet is obtained and continued in force, the respondents are constantly calling the petitioners to the police station. It is nothing but interfering with the petitioners’ right to life and liberty.

3. A counter affidavit-has been filed on behalf of the respondents, extracting the provisions under the Police Manual and Orders, they have not stated any reason why they are continuing the rowdy sheet against the petitioners basing on one solitary case. It is stated that if the rowdy sheets are closed, the petitioners may repeat the offences, as such continuing the rowdy sheet is essential.

4. The petitioners have come up before this Court seeking a direction to the police to close the rowdy sheet opened against them. Opening of a rowdy sheet is governed by Standing Order 601 of the A.P. Police Manual, Part I 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) Person 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 A.P. Towns Nuisances Act.

(D) Persons who habitually tease women and girls and pass indecent remarks.

(E) 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.

(F) Persons who incite and instigate communal/caste or political riots.

(G) Persons detained under the “A.P. Prevention of Dangerous Activities of Bootlggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986” for a period of six months or more.

(H) 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.”

Retention of history sheets of suspects/rowdies is governed by Standing Order 602 which reads a under:

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 gazette 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 five years after the last case in which he was involved, it should not preclude the SP/DCP/CP to continue his history sheet if SP/DCP/CPI of the considered view that his activities are prejudic