IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE f PRESENT THE HON’BLE SRI JUSTICE B. V. L. N. CHAKRAVARTHI^ WRIT PETITION NO: 20016 OF 2024 Between: 1. Shaik Azaruddin, S/o.Bade Miya Aged 36 years, R/o.Moguluru Village Kanchikacherla Mandal, NTR District Andhra Pradesh. Shaik Abdul Mujeeb @ Mujeed, S/o Meera Hussain, aged 37 years R/o.Moguluru Village Kanchikacherla Mandal, NTR District Andhra Pradesh. .Abdul Rahman, S/o.Mahaboob Subhani Aged 34 years, R/o.Moguluru Village Kanchikacherla Mandal, NTR District Andhra Pradesh. 2. 3. ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Home Department, A.P. Secretariat Velagapudi, Amaravati, Guntur District. The Superintendent of Police, NTR District, Vijayawada, AP. The Sub.Divisional Police Officer, Nandigama, NTR District, AP. The Inspector of Police, Kanchikacherla, NTR District Andhra Pradesh. The Station House Officer, Kanchikacherla Police Station NTR District, Andhra Pradesh. 2. 3. 4. 5. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in opening rowdy history sheets by the proceedings of the 3'^'^ respondent in C.NO.04/HS/SDO/ NDG/2012 dt.31-03-2012 is arbitrary, illegal, malafide and violation of Art.21 of the Constitution of India and consequently direct f the respondents herein to close the rowdy history sheet opened against the petitioner vide proceedings of the 3^'^ respondent C.No.04/HS/SDO/ NDG/2012 Dt.31-03-2012 and further direct not to interfere with the personal liberty of the petitioners. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances staled in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents 4 and 5 herein not to call the petitioners to the Kanchikacherla Police Station, NTR District, Andhra Pradesh, pending disposal of the above writ petition Counsel for the Petitioners : SRI D. KODANDARAMI REDDY Counsel for the Respondents: GP FOR HOME The Court made the following: ORDER APHC010391292024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3368] ^ THURSDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No: 20016/2024 Between: 1.SHAIK AZARUDDIN, S/O.BADE MIYA AGED 36 YEARS, R/O.MOGULURU VILLAGE KANCHIKACHERLA MAN.DAL, NTR DISTRICT ANDHRA PRADESH. 2.SLLAIK ABDUL MUJEEB @ MUJEED, S/0 MEERA HUSSAIN, AGED 37 YEARS R/O.MOGULURU VILLAGE KANCHIKACHERLA MANUAL, NTR DISTRICT ANDHRA PRADESH. 3. .ABDUL RAHMAN, S/O.MAHABOOB SUBHANI AGED 34 YEARS, R/O.MOGULURU VILLAGE KANCHIKACHERLA MANUAL, NTR DISTRICT ANDHRA PRADESH. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, NTR DISTRICT VIJAYAWADA, AP. 3.THE SUB DIVISIONAL POLICE OFFICER, NANDIGAMA, NTR DISTRICT, AP. ‘ I 2 4.THE INSPECTOR OF POLICE, KANCHIKACHERLA, NTR DISTRICT ANDHRA PRADESH. 5.THE STATION HOUSE OFFICER, KANCHIKACHERLA POLICE STATION, NTR DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): Counsel for the Petitioner(S): 1.D KODANDARAMI REDDY Counsel for the Respondent(S): 1.GP FOR HOME (AP) The Court made the following: \ yr 3 THE HONOURABLE SRI JUSTICE B V L N CHAKRAVARTHI WRIT PETITION No: 20016/2024 ORDER: The Writ Petition is filed under Article 226 of the Constitution in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the respondents in opening •# rowdy history sheets by the proceedings of the 3 respondent in C.NO.04/HS/SDO/ NDG/2012 dt.SI-03-2012 is arbitrary, illegal. malafide and violation of Art.21 of the Constitution of India and consequently direct the respondents herein to close the rowdy history sheet opened against the petitioner vide proceedings of the 3rd respondent C.No.04/HS/SDO/ NDG/2012 Dt.31-03-2012 and further direct not to interfere with the personal liberty of the petitioners. Heard Sri D.Kodandarami Reddy, learned counsel for the 2. petitioners and Sri V.Farook, learned Additional Government Pleader for Home. Learned counsel for the petitioners would submit that all the 3. cases which were registered against the petitioners herein are no 4 longer pending and the petitioners got acquitted in all the cases and therefore, continuation of the rowdy sheet against the petitioners are not in accordance with the Police Standing Order No.601. Learned Additional Government Pleader would submit that the petitioners were involved in certain offences earlier. Though the cases are no longer pending against the petitioners at present, there is a chance that the petitioners may repeat the offences and likely to indulge in violence. 4. Admittedly, the impugned rowdy sheet was opened against the petitioners earlier with certain alleged offences. Even as per the counter affidavit, no other case is pending against the petitioners herein as on today. It is not the case of the respondents/police that the petitioners have been shown as 5. accused in any other case or they were directed to bind over under Section 107 Cr.P.C. 6. Going by the Police Standing Order No.601, the petitioners would not come within the purview of any of the clauses mentioned therein. Clause 1 of the Police Standing Order No.601 contemplates that rowdy sheets may be opened against the V 5 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. In the present case on hand, except the above mentioned cases registered against the petitioners herein, there are no other cases pending against them. 7. By virtue of the same, it can safely be inferred that the petitioners herein would not come within the purview of habitual offender. Neither had they abetted the commission of offences involving breach of peace nor were they responsible for causing disturbances to public order or security. When such is the case continuation of rowdy sheet against the petitioners herein would amount to abuse of process of the Court. 8. In the light of the facts and circumstances of the case, the Writ Petition is allowed, directing the respondents/police to take necessary action forthwith, for closure of the rowdy sheet opened against the petitioners herein, soon after receipt of copy of the order. 9. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. 6 As a sequel thereto, the interlocutory applications, if pending in this Writ Petition shall stand closed. any. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// 1 fr SECTION OFFICER To 1. The Principal Secretary Home Department, State of Andhra Pradesh A.P. Secretariat Velagapudi, Amaravati, Guntur District. 2. The Superintendent of Police, NTR District, Vijayawada, AP. 3. The Sub.Divisional Police Officer, Nandigama, NTR District, AP. 4. The Inspector of Police, Kanchikacherla, NTR District Andhra Pradesh. 5. The Station House Officer, Kanchikacherla Police Station NTR District, Andhra Pradesh. 6. One CC to Sri D. Kodandarami Reddy, Advocate [OPUC] 7. Two CCs to GP for Home, High Court of Andhra Pradesh. [OUT] 8. Three C.D. Copies. ■7 Cnr HIGH COURT DATED:23/01/2025 , ii 05FE8 2025 S ORDER 9. Co ^ ^ Current Section , , -»■/ WP.No.20016 of 2024 ALLOWING THE W.P. WITHOUT COSTS