ORDER:

This Writ Petition is filed to declare the action of the respondents herein in opening and continuing the suspect sheet No.14 of 2008, against the petitioner herein, as illegal and arbitrary.

2. Case of the Writ Petitioner, in brief, is that cases in Crime Nos.390 of 2005, 195 & 493 of 2006 of Bheemili Police Station, Visakhapatnam District, were registered against him for the offences punishable under Sections 341, 324, 323, 447, 506 read with 34 IPC; 447, 506 read with 34 IPC & 341, 323, 506 read with 34 IPC respectively and inall the cases, he was acquitted. The further case of the petitioner herein is that except the above said crimes, no other crime was registered against him and in spite of that the respondent police opened rowdy sheet against him. Hence, he filed the present Writ Petition.

3. A counter affidavit has been filed on behalf of respondent No.5 stating that F.I.R.No.33 of 2013 of P.M.Palem Police Station was also registered against him for the offences punishable under Sections 447, 427, 506 read with 34 IPC which was quashed by this Court.. It is further stated that to curb and curtail the unlawful activities of the petitioner herein in the vicinity, the SHO, Pothenamallyyapalem (P.M.Palem ) Police Station, Visakhapatnam District, opened suspect sheet against the petitioner herein after getting permission from the Sub-Divisional Police Officer, Anakapalli, vide C.No.18/History Sheets/SDPO-AKP/2007, dated 13.05.2007, and subsequently the said suspect sheet was transferred to P.M.Palem Police Station, since the petitioner is residing at P.M.Palem Police Station limits. It is further stated that 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 residents including ‘loan sharks’.

9. Persons who incite, instigate and participate in communal/caste or political riots.

10. 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.

11. Persons on whom charge sheets filed under the offence of assault on public servants, under Arms Act and such other offences punishable with imprisonment of 2 years or more.

12. Persons on whom charge sheets filed under the offence of murder and attempt to murder (302 and 307 IPC).

13. Persons on whom charge sheets filed under the offence of chain snatching.

14. Persons who are convicted under the Representation of People Act, 1951 for rigging, carrying away, damaging ballot paper, boxes and polling material.”

4. Heard. Perused the material on record.

5. In the years 2005 to 2013, cases in Crime Nos.390 of 2005, 195 & 493 of 2006 of Bheemili Police Station, Visakhapatnam District, were reg