APHC010090742025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Between: 1. RATHULAVATH BALU, S/o Beechya, Aged about 33 years, R/o 4 Lambadi Colony, Sunnipenta, Hatakeswaram Village, Srisailam, Nandyal District-518102. 1. THE STATE OF ANDHRA PRADESH, Rep. by its PrI. Secre Department, Secretariat, Amaravathi, Guntur District, A.P. 2. The SubDivisional Police Officer, Atmakur, Nandyal District. 3. The Inspector of Police, Srisailam Circle, Nandyal District. 4. The SubInpector of Police, Srisailam II Town Police District. 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 IA NO: 1 OF 2025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4802 OF 2025 1. RATHULAVATH BALU, S/o Beechya, Aged about 33 years, R/o 4 Lambadi Colony, Sunnipenta, Hatakeswaram Village, Srisailam, Nandyal ...Petitioner AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its PrI. Secretary, Home Department, Secretariat, Amaravathi, Guntur District, A.P. 2. The SubDivisional Police Officer, Atmakur, Nandyal District. 3. The Inspector of Police, Srisailam Circle, Nandyal District. 4. The SubInpector of Police, Srisailam II Town Police Station, Nandyal ...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 IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. RATHULAVATH BALU, S/o Beechya, Aged about 33 years, R/o 4-20-41/2, Lambadi Colony, Sunnipenta, Hatakeswaram Village, Srisailam, Nandyal ...Petitioner tary, Home Station, Nandyal ...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 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 In these circumstances, the Petitioner humbly prays to this Hon’ble Court to direct the Respondent authorities not to harass the Petitioner under the garb of surveillance notwithstanding the Proceedings C.NO.63/SDPO- ATR/SHEETS/2020 dated 03.09.2020 issued by Respondent No.2, pending disposal of the Writ Petition and/or pass such further order(s) as this Honble Court may deem fit and proper in the interest of Justice, Equity and Good- Conscience IA NO: 2 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 In these circumstances, the Petitioner humbly urges to this Hon’ble Court to suspend the Suspect Sheet opened against the Petitioner Proceedings ATR/SHEETS/2020 dated 03.09.2020 issued by Respondent No.2, pending disposal of the Writ Petition and/or pass Counsel for the Petitioner: AKULA SRI KRISHNA SAI BHARGAV Counsel for the Respondents: GP FOR HOME The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 4802 OF 2025 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 authoirities in opeing and continuing the suspect seheet aginst the petitioner vide bearing proceedings C.NO.63/SDPO-ATR/Sheets/2020 dated 03.09.2020 issued by Respondent No.2 as per is illegal, manifestly aribtrary, reposterous, whimsical, capricious, vindictive, unreasonable, null and void and violative of Article 14 and 21 of the Constitution of India and opposed to the very spirit and object of police standing orders and consequently to direct the respndents to clsoe the same and /or pass such further orders as this Hon’ble Court may deem fit and proper in the facts and circumtances of thecase…” 2. Heard Sri A.S.K.S.Bhargav, 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 and that the trial in those cases has already commenced. It is further stated that, to curb and curtail the unlawful activities of the Petitioner in the vicinity, rowdy sheet vide C.No.63/SDPO- ATR/Sheets/2020 dated 03.09.2020 was opened against the Petitioner. He would further submit that two crimes are pending against the petitioner i.e., C.C.No.416 of 2019 and C.C.No.664 of 2023 respectively on the file of learned Judicial First Class Magistrate, Atmakur. 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, C.C.No.416 of 2019 and C.C.No.664 of 2023 respectively on the file of learned Judicial First Class Magistrate, Atmakur against the Petitioner and as admitted by the learned Assistant Government Pleader, except the said cases, no other cases are pending against the Petitioner. In such circumstances, continuation of rowdy 1 2000(1) ALD (Crl.) 117 (AP) sheet against the Petitioner herein would amount to abuse of process of the Court. 6. Accordingly, the Writ Petition is allowed and the impugned Rowdy Sheet vide proceedings C.No.63/SDPO-ATR/SHEETS/2020 dated 03.09.2020 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: 05.12.2025. KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.4802 of 2025 Dated.05.12.2025 KKV 349