APHC010707092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3521]

(Special Original Jurisdiction)

MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 36668/2025 Between:

B OE NARENDRA SAI REDDY, C/O. BOE DURGA PRASAD, AGED 36 YEARS, YADDANAPUDI VARI STREET, CHINNA SAL BABA GUDI SANDU, CHERUVU CENTER, VIJAYAWADA. KRISHNA DISTRICT.

A.P.

...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY (HOME)

DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH - 522237.

2. T HE COMMISSIONER OF POLICE, VIJAYAWADA CITY, KRISHNA DISTRICT - 520001.

3. T HE ASSISTANT COMMISSIONER OF POLICE, VIJAYAWADA CITY, KRISHNA DISTRICT - 520001.

4. T HE STATION HOUSE OFFICER, BHAVANI PURAM POLICE STATION, VIJAYAWADA. PIN-520012.

...RESPONDENT(S):

Counsel for the Petitioner:

SASI KANTH BUSI Counsel for the Respondent(S):

GP FOR HOME The Court made the following:

ORDER

The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:-

“…to issue a Writ Order or direction particularly one in the nature of a writ of Mandamus declaring the action of respondent No 4 in opening and continuing the Suspect sheet vide its impugned proceedings 321/2T/VC/2017 without following the police standing orders no 742 601 and 6022 of the Andhra Pradesh police manual as illegal arbitrary and in violation of Art 14 16 19 21 of Constitution of India and consequently set aside the impugned proceedings

321/2T/VC/2017 against the petitioner and pass….”

2. Mr. Sasi Kanth Busi, learned counsel for the petitioner, submits that respondent No.4 opened a suspect sheet vide impugned proceedings No.321/2T/VC/2017 without following Police Standing Orders Nos.742, 601, and 602 of the Andhra Pradesh Police Manual, and that the suspect sheet is still continuing, which is violative of Articles 14 and 21 of the Constitution of India. He, therefore, urged to set aside the impugned proceedings.

Respondent No.3 has filed a counter.

3. Sri P. Ajay Babu, learned Assistant Government Pleader appearing for the respondents, submits that a case in Crime No.360 of 2016 for the offence punishable under Section 379 of ‘the IPC’ was registered by the Station House Officer, II Town Police Station, Vijayawada, and the said case was compromised before the Lok Adalat on 11.02.2017. It is further submitted that, in order to curb and curtail the unlawful activities of the petitioner in the vicinity of II Town Police Station, Vijayawada, the Station House Officer of II Town Police Station, Vijayawada, opened suspect sheet/rowdy sheet No.321 against the petitioner after obtaining permission from the Assistant Commissioner of Police, West Zone, respondent No.3, vide proceedings in C.No.110/HS/ACP-WD/2017, dated 09.05.2017. On the point of jurisdiction, it is submitted that the suspect sheet/rowdy sheet was transferred to Bhavanipuram Police Station on 16.06.2017, and the same is being continued. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader.

5. Standing Order 600(1) of the Andhra Pradesh Police Manual enables respondent No.3 to open a suspect sheet or history sheet under the orders of respondent No.2.

6. As per Andhra Pradesh Police Manual Order No.600 (1) the following persons should be classified as suspects and History Sheets shall be opened for them under the order of the Superintendent of Police/SDPO.

i. Persons, convicted under any section of the Indian Penal Code, who are considered likely to commit crime again.

ii. Persons, not convicted but believed to be addicted to crime.

iii. Members of Criminal gangs or organized criminal syndicates who have been charge sheeted.

iv. Communal and Caste activists who are known to instigate, organize violence or spark off communal or caste riots.

v. Smugglers, hoarders, black marketers and for professional land grabbers, boot legers, sand smugglers, persons charged under money laundering Ac