The maintenance of a rowdy sheet against an individual without any pending criminal cases or evidence of being a habitual offender (involved in more than two cases) is illegal and perverse, contrary to the Standing Orders of the A.P. Police Manual.

ORDER:

This writ petition is filed questioning the action of respondents in opening a rowdy sheet against the petitioner.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for official respondents.

3. Learned counsel for the petitioner submits that admittedly a crime was registered against the petitioner vide Crime No.100/2022 for the offences punishable under Sections 302, 326, 120(B) read with Section 34 of IPC and Section 25(1)(a) of Arms Act on the file of Shahinaythgunj Police Station (Goshamahal). The petitioner was arrayed as accused No.6 in the said crime. Subsequently, charge sheet was filed and the same was numbered as S.C.No.592 of 2022 on the file of learned IV Additional Sessions Judge. The said case was ended in discharge by this Court vide Crl.R.C.No.649/2024 on 26.07.2024. However, the rowdy sheet, which was opened against the petitioner by respondent No.3 was still continuing.

4. Learned Assistant Government Pleader for Home appearing for official respondents, by filing counter, would submit that the petitioner was involved in Crime No.100/2022 for the offences punishable under Sections 302, 326, 120-B read with Section 34 of IPC and Section 25(1)(a) of Arms Act. It is further submitted that on obtaining the permission from Assistant Commissioner of Police and by following the AP Police Manual Standing Orders, the rowdy sheet was opened against the petitioner. It is further submitted that the Director General of Police, Telangana issued Circular vide No.2172/C13/SCRB/CID/TS/22, dated 22.07.2022 to follow due procedure in opening and continuing / renewing the rowdy / suspect / history sheets and the concerned police are following the procedure as per AP Police Manual Orders 599 to 602 as well the aforesaid circular. It is further submitted that except keeping surveillance on the petitioner, the respondent No.3 is not curtailing his movements and not infringing his fundamental rights and not causing any hindrance to his livelihood.

5. Learned Assistant Government Pleader for Home further submits that though the petitioner has admittedly been discharged by this Court vide its common order dated 26.07.2024 in Crl.R.C.No.649 & 650 of 2024, in which the petitioner was involved in Crl.R.C.No.649 of 2024, but in order to maintain public peace, tranquility and law and order and taking into consideration of the criminal history of the petitioner, the rowdy sheet has been maintained on the file of respondent No.3. No coercive steps have been taken by the official respondents against the petitioner in respect of the rowdy sheet being maintained on the file of respondent No.3. As such, he prays this Court to dismiss this writ petition.

6. 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