The Court made the following ORDER:

The Writ Petition has been filed for the following relief:

“…to issue a writ or order direction more particularly one in the nature of writ of mandamus declaring the high-handed action of the respondents in opening and continuing the impugned Rowdy Sheet against the petitioner's on the file of Respondent No.5 Uyyalawada Police Station, Allagadda Rural, Nandyal District, Vide Rowdy Sheet No.143 against the petitioner's, as highly illegal, arbitrary, unjust and violative of principles of natural justice, rule of law and against Article 14 and against the true letter and spirit of Right to Privacy contemplated under Article 21 of the Constitution of India and consequentially direct the respondents herein to close the Suspect Sheet against the petitioner's vide Rowdy Sheet No.143 on the file of Respondent No.5 Uyyalawada Police Station, Allagadda Rural, Nandyal District and to pass…”

2. Heard the learned counsel for the Petitioners and the learned Assistant Government Pleader.

3. Mr. Ramalakshmana Reddy Sanepalli, learned counsel for the petitioners, submits that respondent police opened a rowdy sheet, without following Police Standing Orders of the Andhra Pradesh Police Manual, and that the rowdy 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 issued by the respondent No.4. The Respondent No.4 has filed counter in this case.

4. Sri P. Ajay Babu, learned Assistant Government Pleader appearing for the respondents, submits that a case in Crime No.25 of 2013 for the offence punishable under Section 147, 148, 324, 307, 509 read with 34 of „the Indian Penal Code, 1860 (for brevity „the I.P.C‟) was registered by the Station House Officer, Uyyalawada Police Station, Nandyal District, against the petitioner. The present Writ Petitioners are Accused Nos.3 and 4. Later on 02.07.2015 the petitioners were acquitted by the learned III Additional District and Sessions Judge, Nandyala, vide S.C.No.402 of 2014. It is further submitted that, in order to curb and curtail the unlawful activities of the petitioners in the vicinity of Uyyalawada Police Station, the Station House Officer, Uyyalawada Police Station, opened rowdy sheet against the petitioners after obtaining permission from the Assistant Commissioner of Police, Allagadda Sub- Division, Nandyal District/respondent No.4, vide proceedings in C.No.03/SDPO-NDL/2017 dated 04.02.2017.

5. As per Andhra Pradesh Police Manual Order No.601 the following persons should be classified as rowdies and rowdy sheets shall be opened for them under the order of the Superintendent of Police/SDPO.

i. 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.

ii. Persons bound over under sections 106, 107, 108(1) and 110(e) and (g) of Cr.P.C.

iii. 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.

iv. Persons who habitually tease women and girls and pass indecent remarks including offences U/sec. 354-A, B C and 354D IPC.

V. Persons who have been charge sheeted under the offence of Rape (376, 376, A,C D.E).

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

vii. 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.

viii. 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".

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

x