APHC010536242025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 27863/2025 Between: 1. SUMALA VENKATA RAMANA, S/O.KANNAMNAIDU, AGED ABOUT 64 YEARS, R/O.SOMARAJUPETA VILLAGE, R.A VALASA MANDAL VIZIANAGARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REPRESENTED ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, VIZINAGARAM DISTRICT, VIZIANAGARAM. 3. THE SUPERINTENDENT OF POLICE, SRIKAKULAM DISTRICT, SRIKAKULAM 4. THE SUBDIVISIONAL POLICE OFFICER, PALAKONDA, SRIKAKULAM DISTRICT 5. THE SUBDIVISIONAL POLICE OFFICER, CHEEPURUPALLI, VIZIANGARAM DISTRICT 6. THE INSPECTOR OF POLICE, , RAJAM RURAL CIRCLE VIZIANAGARAM DISTRICT. 7. THE STATION HOUSE OFFICER, R.A. VALASA POLICE STATION VIZIANAGARAM DISTRICT. ...RESPONDENT(S): 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 of Mandamus or any other appropriate Writ, Order or direction declaring the opening and continuation of Rowdy Sheet vide proceedings issued by 4th Respondent SDPO Palakonda present fell under the jurisdiction of the 5th Respondent SDPO, Cheepurpalli (after Re-organistration of the District of the State of Andhra Pradesh) C.No. 08/Rowdy SDO- P/2022 dated 17.02.2022 APPM Part-I , Vol. II -B , Order NO. 601 (6) opened against the petitioner, as illegal, arbitrary, unjust, colorable exercise of power and in violation of Article 19, 21 of the Constitution of India and consequently direct the respondents to close the said Rowdy Sheet issued by the 4th respondent SDPO Palakonda, Srikakulam district present fell under the jurisdiction of the 5th respondent SDPO, Cheepurupalli Viziangaram vide C.No. 08/Rowdy SDO- 2 P/2022 dated 17.02.2022 APPM Part-1 , Vol. II -B , Order NO. 601 (6) and remove the photo of the petitioner from the notice board and finger impressions from the records of the R.A. Valasa Police Station and also Finger Impressions from the records of Rajam Circle (Previously Palakonda Circle) and Viziangaram District, and to pass Counsel for the Petitioner: 1. VELURY RAGHURAM Counsel for the Respondent(S): 1. GP FOR HOME 3 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the opening and continuation of Rowdy Sheet vide proceedings issued by 4th Respondent SDPO Palakonda present fell under the jurisdiction of the 5th Respondent SDPO, Cheepurpalli (after Re-organisation of the District of the State of Andhra Pradesh) C.No. 08/Rowdy SDO-P/2022 dated 17.02.2022 APPM Part-I, Vol. II -B , Order No.601 (6) opened against the petitioner, as illegal, arbitrary, unjust, colorable exercise of power and in violation of Article 19, 21 of the Constitution of India and consequently direct the respondents to close the said Rowdy Sheet issued by the 4th respondent SDPO Palakonda, Srikakulam district present fell under the jurisdiction of the 5th respondent SDPO, Cheepurupalli Viziangaram vide C.No. 08/Rowdy SDO-P/2022 dated 17.02.2022 APPM Part-1 , Vol. II -B , Order No.601 (6) and remove the photo of the petitioner from the notice board and finger impressions from the records of the R.A. Valasa Police Station and also Finger Impressions from the records of Rajam Circle( Previously Palakonda Circle) and Viziangaram District, and to pass… .” Learned counsel for the Petitioner would submit that except Crime No.131 of 2020 on the file of respondent No.7 no other cases are pending against the Petitioner. Learned counsel would further submit that the Petitioner was falsely implicated in the said case and that the offence alleged against him does not relate to breach of public peace and tranquility. Sri V.Farooq, learned Assistant Government Pleader for Home, would submit that, except one crime, there are no other cases pending against the Petitioners. In Sunkara Satyanarayana Vs. State of Andhra Pradesh1 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 1 2000(1) ALD (Crl.) 117 (AP) 4 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”. 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, a case in Crime No.131 of 2020 on the file of respondent No.7 is pending against the Petitioner and as admitted by the learned Assistant Government Pleader, except the said crime, no other cases are pending against him. In such circumstances, continuation of the impugned rowdy sheet against the Petitioner herein would amount to abuse of process of the Court. 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, if any, pending shall stand closed. Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA 27.11.2025 Mjl/* 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No. 27863 1892 of 2025 27.11.2025 Mjl/*