THE HONOURABLE SRI JUSTICE N.TUKARAMJI

WRIT PETITION No.15327 OF 2018

O R D E R:

This Writ Petition is filed under Article 226 of Constitution of India

seeking the following relief/s:-

“…to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, by declaring the action of respondents in exhibiting the Photograph of the petitioner in the List of Rowdy-Sheeters Board in the Tandur Town Police Station without issuing any Notice or conducting any enquiry as illegal, void, violative of principles of natural justice and also in violation of Articles 14, 21 of the Constitution of India apart from the provisions of the Police Standing Orders and consequently to direct the respondents to remove the Photograph of the petitioner from the List of Rowdy-Sheeters Board in the Police Station of 4^th respondent, and award Rs.10,00,000/- (Rupees Ten Lakhs) as damages to the petitioner on account of loss of reputation resulting out of exhibiting the Photograph of the petitioner in

the Police Station and pass...”

2. Heard Mr. A.Samir Kumar Reddy, learned counsel for the petitioner and Mr. D.Pradeep, learned Assistant Government Pleader for Home

appearing for respondent Nos.1 to 4.

3.1. Learned counsel for the petitioner submits that the petitioner is presently facing criminal proceedings only in one case, namely Crime No. 3 of 2012, registered for the offences punishable under Sections 354, 384, and 385 of the Indian Penal Code, 1860 (IPC). It is submitted that after trial, the petitioner was convicted; however, the sentence has been suspended by the Appellate Court, and the appeal is pending adjudication. Except for

the said case, no other criminal proceedings have been initiated against the petitioner since 2016.

3.2. It is further contended that despite the absence of any recent criminal activity or pending cases, the respondent police continue to maintain and renew the rowdy sheet opened against the petitioner without lawful justification. Such continuation, it is argued, constitutes a violation of the petitioner’s fundamental rights under Articles 14, 19, and 21 of the Constitution of India. Accordingly, the petitioner prays for interference by this Court and seeks quashment of the rowdy sheet maintained by the respondent authorities.

4.1. Per contra, the learned Assistant Government Pleader for Home, appearing for respondent Nos. 1 to 4, submits that the petitioner has been involved in multiple criminal cases. Among them, Crime No. 154 of 2010 ended in acquittal in 2013, while Crime Nos. 33 of 2010 and 267 of 2016 were quashed by this Court vide orders dated 12.08.2011 and 03.07.2017, respectively. It is, however, admitted that one conviction remains in Crime No. 3 of 2012, though it is under challenge before the appellate court.

4.2. The learned Government Pleader further submits that the petitioner has a history of criminal activity and has been identified as a habitual offender. Therefore, it is argued, surveillance through maintenance of a rowdy sheet is both necessary and lawful to ensure public order and tranquility. Hence, the petition, according to the respondents, lacks merit and is liable to be dismissed.

5. I have carefully considered the submissions made and perused the material available on record.

6. The grievance of the petitioner is that the respondent police authorities have unlawfully continued the rowdy sheet against him despite the absence of any subsisting criminal proceedings, thereby infringing his right to personal liberty. The respondent authorities justify their action by asserting that the petitioner had previously been involved in four criminal cases between 2010 and 2016, of which three have been terminated either by acquittal or by orders of quashment, and one conviction is pending appeal.

7. The A.P. Police Manual, Standing Order No. 601(A), prescribes the conditions for opening and maintaining rowdy sheets. As per the said Standing Order, a rowdy sheet may be opened and maint