Maintenance of a rowdy sheet requires the person to be a 'habitual offender'. Involvement in a single pending criminal case, without evidence of persistent criminal conduct or threat to public order, is insufficient to justify such surveillance and violates personal liberty.

ORDER:

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“….to issue any writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent No.5 in opening Rowdy Sheet against the Petitioner, without following due process of Law, as illegal, arbitrary and against the principles of natural justice and in violation of Articles 14 and 21 of the Constitution of India, besides violation of this Hon’ble Court directions and consequently direct the Respondents to close the Rowdy Sheet against the Petitioner pending before the Respondent No.5 and not to interfere into the Petitioners life and liberty, and pass.…”

Heard Sri Habeeb Abubakar Alhamed, learned counsel for the petitioner and Sri M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 6 and perused the record.

Learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in multiple criminal cases previously (Crime Nos.260 of 2011, 129 of 2016, 61 of 2018, 68 of 2018, 192 of 2019 and 109 of 2018) filed against the petitioner, only S.C.No.672 of 2024 arising out of Crime No.61 of 2018 remains pending, while all other cases have been legally closed, demonstrating his innocence. Initially, the rowdy sheet was opened for the pending crimes and the petitioner is a law abiding citizen having considerable reputation in the society and was never involved in any crime till date. Under the guise of the rowdy sheet opened against the petitioner, the respondent- authorities are harassing the petitioner, causing repeated summons, nocturnal visits to his residence, and mental distress, thereby affecting his livelihood and disturbing his family.

It is submitted that under Standing Orders 601, 602, and 742 of the A.P. Police Manual, rowdy sheets can only be maintained against habitual offenders who repeatedly commit offences affecting public order, peace, or security. The petitioner, having not been involved in any criminal case for more than three years, does not qualify as a habitual offender, and therefore, the rowdy sheet maintained against him is unlawful.

Maintenance of rowdy sheets is governed by Standing Order No.601 of A.P. Police Manual, Part-I, Volume II, which reads as under:

“601. The following persons may be classified as rowdies and Rowdy Sheets (Form 80) may be opened for them under the orders of the SP/DCP and ACP/SDPO.

A. Persons who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbance to public order and security.

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

C. 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 Towns Nuisances Act .

D. Persons who habitually tease women and girls and pass indecent remarks.

F. 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.

G. Persons who incite and instigate communal/caste or political riots.

H. 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.

I. Persons who are convicted for offences under the Representatives of the Peoples’ Act for rigging and carrying away ballot paper, Boxes and other polling material”

The period of retention of history sheets of suspects/rowdies is governed by Standing Order No.602 of A.P. Police Manual and the same reads as follows:

“602-1. History Sheets of suspects shall be maintained from the date of registration up to the end of December, afte