Order :

This Writ Petition is filed seeking to declare the action of respondents in opening and continuing rowdy sheet No.22 of 1996 in the name of the petitioner as illegal and arbitrary and consequently direct the respondents to close the said rowdy sheet.

2. Case of the writ petitioner is that 5th respondent registered cases in Crime Nos.27 and 28 of 1996 against the petitioner and others, for the offences punishable under Sections 147, 148, 341, 326, 302 r/w I49 IPC. In Crime No.27 of 1996, he was convicted by the competent Court of the offence punishable under Section 326 IPC and had undergone the imprisonment of 3 years imposed in the said case. In Crime No.28 of 1996 he was acquitted by the competent Court. Thereafter a case in Crime No.13 of 2023 was registered by Balajinagar Police against the petitioner for the offences punishable under Sections 420, 354, 307 and 506 r/w 34 IPC and investigation is pending in the said Crime. Except the aforesaid case, as no case is pending against the petitioner, the Rowdy Sheet opened against him ought to have been closed. Hence, the Writ Petition.

3. A counter affidavit is filed on behalf of the respondent No.4 stating in S.C.No.341 of 1997 relating to Crime No.27 of 1996, the petitioner was convicted by the I Additional District and Sessions Judge Court, Nellore on 30.9.2004. In C.C.No.5 of 1997, relating to Crime No.28 of 1996 the petitioner was acquitted on 05.1.2000. It is further stated that in view of the involvement of the petitioner in the above criminal cases and in order to curb and curtail the unlawful activities of the petitioner herein in the vicinity, the SHO, Cherjarla Police Station, SPSR Nellore District, opened rowdy sheet against the petitioner herein after getting permission from the Superior Officers. Basing on the report given by one Vangimalla Radha Madhavi, a case in Crime No.13 of 2023 was registered on 02.2.2023 against the petitioner and others for the offences punishable under Sections 420, 354, 307, 506 r/w 34 IPC and investigation was taken up. During the course of investigation, C.I. Balaji Nagar Police Station arrested one Para Sreenivasulu Naidu (A1) on 07.2.2023 and sent for remand and the remaining accused A2 and A3 obtained anticipatory bail.

4. Heard. Perused the material on record.

5. According to the petitioner, he was convicted in Crime No.27 of 1996 and also had undergone imprisonment for 3 years. In Crime No.28 of 1996 he was acquitted by the competent Court. A case in Crime No.13 of 2023 was registered on 02.2.2023 and it is pending investigation. Except the aforesaid Crime No.13 of 2023, no other case is pending as against him.

6. As per APPM Order No.601, the following persons may be classified as rowdies and rowdy sheets may be opened for them under the orders of the SP/DCP and ACP/SDPO.

“1. Persons, who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbances to public order and security. 2. Persons bound over under Sections

106, 107, 108(1) and 110(e) and (g) of Cr.P.C.

3. 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 Town Nuisances Act.

4. Persons who habitually tease women and girls and pass indecent remarks including offences under Sections 354-A, B, C and 354-D IPC.

5. Persons who have been charge sheeted under the offence of Rape (376, 376-A, B, C, D and E IPC).

6. Persons who have been charge sheeted under the offences of POCSO Act, 2012 and Acid Attacks (326A and 326B of IPC).

7. Rowdy sheets for the rowdies residing one police station area but found frequenting the other police stations area, can be maintained at all such police stations.

8. 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 res