APHC010283542021 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16629 OF 2021 Between: 1. MOKSHAGUNDAM ANKAIAH, Mokshagundam Ankaiah, S/o Kasaiah, Aged about 48 years, Occ Business, R/o. Pusalapadu Village, Bastavaripeta Mandal, Prakasam District. 1. THE STATE OF ANDHRA PRADESH, The Sta by its Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi ,Guntur District. 2. The Superintendent of Police, Rural, Ongole, Prakasam District. 3. The Deputy Superintendent Police, The Deputy Superintendent Markapuram, Prakasam District. Respondents. 4. The Circular Inspector of Police, The Circular Inspector of Police, Giddaluru Circle , Prakasam District. . 5. The SubInspector of Police, The Sub Bastavaripeta(B.V.Peta) Polic 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA PETITION NO: 16629 OF 2021 1. MOKSHAGUNDAM ANKAIAH, Mokshagundam Ankaiah, S/o Kasaiah, Aged about 48 years, Occ Business, R/o. Pusalapadu Village, Bastavaripeta ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat Buildings, Velagapudi ,Guntur District. 2. The Superintendent of Police, Rural, Ongole, Prakasam District. 3. The Deputy Superintendent Police, The Deputy Superintendent Markapuram, Prakasam District. Respondents. 4. The Circular Inspector of Police, The Circular Inspector of Police, Giddaluru Circle , Prakasam District. . 5. The SubInspector of Police, The Sub-Inspector of Police, Bastavaripeta(B.V.Peta) Police Station, Bastavaripeta, Prakasam District. ...Respondents IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY NINETH DAY OF OCTOBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. MOKSHAGUNDAM ANKAIAH, Mokshagundam Ankaiah, S/o Kasaiah, Aged about 48 years, Occ Business, R/o. Pusalapadu Village, Bastavaripeta ...Petitioner te of Andhra Pradesh, Rep. by its Principal Secretary, Department of Home, Secretariat Buildings, 3. The Deputy Superintendent Police, The Deputy Superintendent Police, 4. The Circular Inspector of Police, The Circular Inspector of Police, Giddaluru Inspector of Police, e Station, Bastavaripeta, Prakasam District. ...Respondents 2 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 pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring inaction of respondents No.3 to 5 in opened and continuing Suspect Sheet - 17 of 2014 against me pending in Bastavaripeta Police Station, Bastavaripeta Mandal, Prakasam District as it is against the Police Standing Order, contrary to the under article 14,19, 21 of Constitution of India and consequently close the Suspect Sheet - 17 of 2014 pending in Bastavaripeta Police Station, Bastavaripeta Mandal, Prakasam District and pass IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondent No 5 not to call me to Bastavaripeta Police Station, Bastavaripeta, Mandal, Prakasam District, pending disposal of the above Writ Petition and pass Counsel for the Petitioner: SRIDHAR TUMMALAPUDI Counsel for the Respondents: GP FOR HOME The Court made the following order: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16629 OF 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring inaction of respondents No.3 to 5 in opened and continuing Suspect Sheet - 17 of 2014 against me pending in Bastavaripeta Police Station, Bastavaripeta Mandal, Prakasam District as it is against the Police Standing Order, contrary to the under article 14,19, 21 of Constitution of India and consequently close the Suspect Sheet - 17 of 2014 pending in Bastavaripeta Police Station, Bastavaripeta Mandal, Prakasam District and pass.…” 2. Heard Sri Sridhar Tummalapaudi, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned Assistant Government Pleader for Home, by way of counter, would submit that the cases registered against the Petitioner was ended in acquittal. It is further stated that, to curb and curtail the unlawful activities of the Petitioners in the vicinity, rowdy sheet Nos. 17/2014 was opened against the Petitioner. He would further submit that one crime is pending against the petitioner i.e., Crime No.225/2021 under Sections 420 of IPC of Bestavaripeta P.S and in Cr.No.20/2019 on the file of Markapuram Town police station is facing trial before the concerned court. 4 4. In Sunkara Satyanarayana Vs. State of Andhra Pradesh 1 a Coordinate Bench of this Court held as follows: “It is clear that rowdy sheets cannot be opened against any individual in a casual and mechanical manner. Dubbing a person as an habitual offender and to open a rowdy sheet is not sufficient. On the other hand, due care and caution shall be taken by the Police before characterising a person as a rowdy. The important element that has to be seen in the acts of an offender is whether the acts so committed by a person will have a tendency to disturb public peace and tranquility”. 5. A perusal of the aforesaid judgment goes to show that, rowdy sheet cannot be opened mechanically and not in a casual manner. In opening a rowdy sheet it is essential that, due care has to be taken by the Respondent Police and, every year the committee has to review whether the rowdy sheet has to be continued or not. The other aspect that has to be seen by the Respondent Police is whether the crimes which are registered against the Accused would come within the purview of disturbing the public peace and tranquility at large. In the case on hand, admittedly, Crime No.17 of 2014 under Sections 420 of IPC of Bestavaripeta P.S and Cr.No.20/2019 on the file of Markapuram Town police station is facing trial before the concerned court are pending against the Petitioner and as admitted by the learned Assistant Government Pleader, except the said crimes, no other cases are pending against the Petitioner. In such circumstances, continuation of rowdy sheet against the Petitioner herein would amount to abuse of process of the Court. 1 2000(1) ALD (Crl.) 117 (AP) 5 6. Accordingly, the Writ Petition is allowed and the impugned Rowdy Sheet against the Petitioner is hereby set aside. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 29.10.2025. KKV 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.16629 of 2021 Dated.29.10.2025 KKV 7