APHC010308422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 3 THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15520 OF 2025 ^ Between: 1. Karumuri Bhaskar @ Bhaskara Rao, S/o Radha Krishna Murthy, Aged 38 Years, Occ. Agriculture and Business, R/o Khalekhanpeta, MachilipatnamMandal, Krishna District. 2. Bade Bhanu Teja, S/o Srinivasa Rao, Aged 38 Years, Occ. Bricks Business, R/o Desaipeta, Machilipatnam, Krishna District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep., by its PrI. Secretary, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Machilipatnam, Krishna District. 3. The Deputy Superintendent of Police, Machilipatnam, Krishna District. 4. The Sub Inspector of Police, Inaguduru Police Station, Machilipatnam, Krishna 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in opening and continuing the Rowdy Sheet Nos. 171/2017 and 177/2017 against the Petitioner Nos.1 and 2 respectively in 4*'' Respondent Police Station, which is illegal, irregular un Principles of Natural Justice, contra to the orders of Andhra Pradesh Police Manual and also in violation of Articles 14, 19 and 21 of Constitution of India, consequently direct the Respondents to close the Rowdy Nos.171/2017 and 177/2017 against the Petitioner Nos.1 and 2 respectively in 4*^ Respondent Police Station. constitution against to the Sheet lA NO: 1 OF 2025 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 Nos. 171/2017 & 177/2017 against the Petitioner Nos.1 & 2 respectively in Respondent further not to call the rd Respondent Police Station issued by 3 Petitioner Nos. 1 and 2 to the 4‘^ Respondent Police Station pending disposal of Writ Petition. Counsel for the Petitioners: SRI NARASIMHA RAO GUDISEVA Counsel for the Respondents: SRI V. FAROOQ, AGP FOR HOME The Court made the following \; APHC010308422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] i THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15520/2025 Between: 1.KARUMURI BHASKAR @ BHASKARA RAO, S/0 RADHA KRISHNA MURTHY, AGED 38 YEARS, OCC. AGRICULTURE AND BUSINESS, R/0 KHALEKHANPETA, DISTRICT. MACHILIPATNAM MANDAL, KRISHNA 2.BADE BHANU TEJA,, S/O SRINIVASA RAO, AGED 38 YEARS, OCC. BRICKS BUSINESS, R/0 DESAIPETA, MACHILIPATNAM, KRISHNA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP., BY ITS PRI. SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT. 3.THE DEPUTY SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT. 4.THE SUB INSPECTOR OF POLICE, INAGUDURU POLICE STATION, MACHILIPATNAM, KRISHNA DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 2 1.NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1.GP FOR HOME 3 % THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15520 of 2025 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; "...to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in opening and continuing the Rowdy Sheet Nos.171/2017 and 177/2017 against the Petitioner Nos.1 and 2 respectively in 4th Respondent Police Station, which is illegal, irregular un constitution against to the Principles of Natural Justice, contra to the orders of Andhra Pradesh Police Manual and also in violation of Articles 14, 19 and 21 of Constitution of India, consequently direct the Respondents to close the Rowdy Sheet Nos.171/2017 and 177/2017 against the Petitioner Nos.1 and 2 respectively in 4th Respondent Police Station and pass....” Heard Sri Narasimha Rao Gudiseva, learned counsel for the petitioners 2. and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. Learned Assistant Government Pleader for Home, by way of counter, 3. would submit that the cases registered against the Petitioners were ended in acquittal. It is further stated that, to curb and curtail the unlawful activities of the Petitioners in the vicinity, rowdy sheet Nos. 171/2017 and 177/2017 were opened against the Petitioners respectively. He would further submit that one crime is pending against the petitioner No.1 i.e., Crime No.78 of 2024 under Sections 188 and 323 r/w 34 of IPC of Chilakalapudi P.S. There are no cases pending against the petitioner No:2. In Sunkara Satyanarayana Vs. State of Andhra Pradesh ' a ^ Coordinate Bench of this Court held as follows: 4. “It is clear that rowdy sheets cannot be opened against r - 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’’. any 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.78 of 2024 under Sections 188 and 323 r/w 34 of IPC of Chilakalapudi P.S is pending against the Petitioner No.1 and as admitted by the learned Assistant Government Pleader, except the said crime, no other cases are pending against the Petitioner No.1. In such circumstances sheet against the Petitioners herein would amount to abuse of Court. continuation of rowdy process of the 2000( I) ALD (CrI.) I 7 (AP) 5 Accordingly, the Writ Petition is allowed and the impugned Rowdy 6. Sheets against the Petitioners is hereby set aside. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Superintendent of Police, Machilipatnam, Krishna District. 3. The Deputy Superintendent of Police, Machilipatnam, Krishna District. 4. The Sub Inspector of Police, Inaguduru Police Station, Machilipatnam, Krishna District. 5. One CC to SRI. NARASIMHA RAO GUDISEVA, Advocate [OPUC] 6. Two CCs to GP FOR HOME, High Court of Andhra Pradesh [OUT] 7. Two CD Copies sree HIGH COURT DATED: 16/10/2025 ORDER WP NO. 15520 OF 2025 ALLOWING THEW.P. WITHOUT COSTS *7 0 6 NOV 2025 O' Co' ‘*s4;urrent Sectiojt-^V