THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR

W.P. No.34120 of 2025

ORDER

This writ petition has been filed questioning the action of of the

respondent Nos.3 to 5 in maintaining and continuing history sheet/rowdy sheet vide Proceedings No.02/RS/PS-JH/2025 dated 01.01.2025 issued by respondent No.4 which is approved by respondent No.3 on 18-01-2025 in the very same Proceedings No.02/RS/PS-JH/2025 as being illegal, arbitrary, malafide and in violation of principles of natural justice, apart from offending Articles 14, 19 and 21 of the Constitution of India and the Police Standing Order 601 of T.S.Police Manual, Part-I, Volume II and seeking a consequential direction to respondent Nos.3 to 5 to drop and quash

the history sheet/rowdy sheet against the petitioner.

2. The learned counsel for the petitioner would submit that based on the false complaints lodged against the petitioner, cases in Crime Nos.11 of 2012, 57 of 2025, 74 of 2018, 115 of 2018, 10 of 2019, 45 of 2019, 37 of 2020 and 38 of 2020 on the file of Mulugu Police Station are registered against the petitioner. It is submitted that cases registered against the petitioner in Crime Nos. 11 of 2012, 57 of 2025, 74 of 2018, 115 of 2018, 10 of 2019, 45 of 2019 of P.S. Mulugu Police Station are closed/acquitted. Except the aforementioned two cases i.e., Crime Nos.37 and 38 of 2020 of Mulugu Police Station, no other cases are pending against the petitioner as on today. Since the respondents Police are regularly calling the petitioner to the

Police Station and harassing on the alleged ground of rowdy-sheet, petitioner filed the present writ petition.

3. On the other hand, the Assistant Commissioner of Police, Banjara Hills Division, Hyderabad, filed counter affidavit, inter alia, stating that the petitioner is arrayed as an accused in Crime Nos.37 and 38 of 2020 of Mulugu Police Station and after completion of investigation charge sheets has been filed before the respective Courts vide S.C.No.356 of 2022 and S.C.No.32 of 2021 respectively and the same are pending trial. Since there is every possibility of petitioner’s involvement in other cognizable offences and in order to keep surveillance over his activities rowdy-sheet has been opened against the petitioner and renewed upto 31.12.2025 and as per the A.P. Police Manual Order No.601 as well as Circular No.2172/C13/SCRB/CID/TS/22, dated 22.07.2022 issued by the Director General of Police, the respondent authorities are following due procedure in opening and continuing/renewing the rowdy/suspect/history sheet. It is further submitted that the Police are not visiting the petitioner’s house and not intruding with his privacy.

4. Heard the learned counsel for the parties, perused the material on record and with their consent, this writ petition is disposed of.

5. It is categorical submission of the learned counsel for the petitioner that except the aforementioned two cases no other case is pending against the petitioner, which has not been disputed by the learned Assistant Government Pleader for Home. At this juncture, it is not out of place to refer the order rendered by this Court in the case of Mansoor Shah Khan and others Vs. State of Telangana rep. by its Principal Secretary, Home Department, Hyderabad and others, 2021 (4) ALT 36 (TS) wherein it is held that rowdy-sheet could not be opened against an individual in a casual and mechanical manner and due care and caution should be taken by the Police before characterizing a person as a rowdy and figuring as an accused in two cases would not be sufficient to characterize a person as a habitual offender. For better appreciation, the relevant paras No.23, 24 and 26 are extracted hereunder.

“23. As stated above, as per Standing Order 601 of the A.P. Police Manual, for opening and maintenance of rowdy sheet, a person against whom the same was issued should habitually commit, attempt to commit or abet the commission of offences involving a breach of peace, disturbance to public order and sec