. ? .1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATj^fi^^;^ (Special Original Jurisdiction) ^ TUESDAY ,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE X j o-.i (} m C9 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34327 OF 2022 Between: Bandaru Ramesh, S/o Damodar Naidu, Aged about 40 years, R/o D.No.20/344, Near Old Guntakal Post Office, Guntakal Mandal, Anantapur Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its PrI. Secretary, Home Dept., Secretariat, Velagapudi, Amaravathi, Guntur Dist. 2. The Superintendent of Police, Anantapur District, Anantapur. 3. The Station House Officer, Guntakal II Town Police Station, Guntakal Mandal, Anantapur District ...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, One in the nature of a Writ of Mandamus or any other appropriate Wirt, Direction or Order declaring the action of the respondents in opening and continuing rowdy sheet against the petitioner in II town Police Station, Guntakal, Anantapur Dist. as illegal, arbitrary and violative of Article 14, 19 and 21 of the Constitution of India and consequently close the rowdy sheet No. 234. lA NO: 1 OF 2022 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 to suspend the rowdy sheet No.234 maintained against the Petitioner in II Town Police Station, Guntakal, Anantapur Dist. and not to call the petitioner to the police station. Counsel for the Petitioner: SRI. M KARIBASAIAH Counsel for the Respondents: GP FOR HOME The Court made the following Order: APHC010563852022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3457] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34327/2022 Between: ...PETITIONER Bandaru Ramesh AND ...RESPONDENT(S) He State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.M KARIBASAIAH Counsel for the Respondent(S): 1.GPFOR HOME The Court made the following Order: This Writ Petition is filed to declare the action of the respondents herein in opening and continuing the rowdy sheet on the file of II Town Police Station, Guntakal, Anantapur District, against the petitioner herein, as illegal and arbitrary. 2 2. 2 2. Case of the Writ Petitioner, in brief, is that Crime No.21 of 2007 of II Town Police Station, Guntakal, Anantapur District was registered against the petitioner herein, for the offences punishable under Sections 427, 452, 352 read with 34 IPC. After a full-fledged trial, the said case was ended in acquittal by the concerned Court on 18.06.2008. The further case of the petitioner herein is that except the above said crime, no other crime was registered against him and in spite of that the respondent police opened rowdy sheet against him and are continuing the same. Hence, he filed the present Writ Petition. 3. Respondent No.3 filed counter affidavit by stating that the petitioner herein is involved in Crime Nos. 17 and 21 of 2007 of II Town Police Station, Guntakal, Anantapur District. It is further stated that to curb and curtail the unlawful activities of the petitioner herein in the vicinity, the Inspector of Police, 11 Town Police Station, Guntakal, Anantapur District, opened suspect sheet against the petitioner herein after getting permission from the Sub Divisional Police Officer, Guntakal. It is further stated that as per APPM Order No.601, the following persons may be classified as rowdies and rowdy sheets may be opened for them under the orders of the SP/DCP and ACP/SDPO. “1. 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. 2. Persons bound over under Sections 106, 107, 108(1) and 110(e) and (g) ofCr.P.C. 3. 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 Town Nuisances Act. 4. Persons who habitually tease women and girls and pass indecent remarks including offences under Sections 354-A, B, C and 354-D IPC. 5. Persons who have been charge sheeted under the offence of Rape (376, 376-A, B, C, D and E IPC). 6. Persons who have been charge sheeted under the offences of POCSO Act, 2012 and Acid Attacks (326A and 326B of IPC). 7. Rowdy sheets for the rowdies residing one police station area but found frequenting the other police stations area, can be maintained at all such police stations. 8. 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 including ‘loan sharks’. 4 9. Persons who incite, instigate and participate in communai/caste or political riots. 10. 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. 11. Persons on whom charge sheets filed under the offence of assault on public servants, under Arms Act and such other offences punishable with imprisonment of 2 years or more. 12. Persons on whom charge sheets filed under the offence of murder and attempt to murder (302 and 307 IPC). 13. Persons on whom charge sheets filed under the offence of chain snatching. 14. Persons who are convicted under the Representation of People Act, 1951 for rigging, carrying away, damaging ballot paper, boxes and polling material.” It is further stated in the counter affidavit that except the above mentioned cases, no other case was registered or is pending against the petitioner herein on the file of II Town Police Station, Guntakal, Anantapur District. Heard. Perused the material on record. 4. 5 The petitioner herein is involved in a case in Crime Nos. 17 and 21 of 2007 of II Town Police Station, Guntakal, Anantapur District. Admittedly, as per the counter affidavit, no other case is pending against the petitioner herein as on today. It is not the of the respondent police that the petitioner has been shown accused in any other case or he was directed to bind over under Section 107 Cr.P.C. Going by the Police Standing Order No.601, the petitioner 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 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 petitioner herein, there are no other cases pending against him. By virtue of the same, it can safely be inferred that the petitioner herein would not come within the purview of habitual offender. Neither he abetted the commission of offences involving breach of peace nor he was responsible for causing disturbances to public order or security. When such is the case, continuation of suspect sheet against the petitioner herein would amount to abuse of process of the Court. 5. case as 6 6. In view of the aforesaid facts and circumstances of the case, the Writ Petition is allowed and the impugned rowdy sheet opened against the petitioner herein is hereby quashed. There shall be no orders as to costs. As a sequel thereto, the Interlocutory Applications, if any, pending shall stand closed. Sd/- K. TATA RAO deputy registrar //TRUE COPY// 1^ To, SECTION OFFICER 1. The PrI. Secretary, Home Dept., Secretariat, Velagapudi, Amaravathi Guntur Dist. 2. The Superintendent of Police, Anantapur District, Anantapur. 3. The Station House Officer, Guntakal II Town Police Station, Mandal, Anantapur District 4. One CC to Sri. M Karibasaiah, Advocate [OPUC] 5. Two CCs to GP for HOME ,High Court Of Andhra Pradesh. 6. Three CD Copies Guntakal [OUT] vna HIGH COURT DATED:18/03/2025 ORDER sg> WP.No.34327 of 2022 ^ 0 3 JUL 2025 ^^sCyrrentSec ALLOWING THE WRIT PETITION WITHOUT COSTS