APHC010554892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF OCTOBER \ TWO THOUSATsID AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28574 OF 2025 V.: A Between: Burra Rajesh, S/o. Late. Sudhakar, Aged about 31 years, Occ. Agriculture Coolie, Resident of Ponnekallu Village, Tadikonda Mandal, Guntur District ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Home Department, Secretariat Buildings, Amaravathi, Guntur District. 2. The Superintendent of Police, Guntur District, Guntur. 3. The Sub-Divisional Police Officer, Thullur, Guntur District. 4. The Sub Inspector of Police, Tadikonda Police Station, Guntur 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 of Mandamus or any other appropriate Writ, Order direction declaring the action of the respondents in continuing the Rowdy sheet opened against the petitioner by 4''^ respondent at the instance of the 3RD respondent on 31.10.2017, is arbitrary, illegal, malafide and violation of Article 21 of the Constitution of India and consequently direct Respondents herein to close the Rowdy sheet pending against the petitioner or the ■ vide Rowdy Sheet No. 91, dated 31.10.2017 and further direct the respondents not to interfere with the personal liberty of the Petitioner. 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 direct the Respondents herein not to interfere with the liberty of the Petitioner by calling him to the Police Station, pursuant to the opening of Rowdy Sheet No.91, pending disposal of the Writ Petition before this Hon’ble Court. Counsel for the Petitioner: SRI NAGENDRA BABU PARAGATI Counsel for the Respondents No.1 to 4: GP FOR HOME The Court made the following order; APHC0ia554892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 28574/2025 Between: 1.BURRA RAJESH, S/0. LATE. SUDHAKAR, AGED ABOUT 31 YEARS, OCC AGRICULTURE COOLIE VILLAGE, TADIKONDA MANUAL, GUNTUR DISTRICT RESIDENT OF PONNEKALLU ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, GUNTUR DISTRICT. SECRETARIAT BUILDINGS, AMARAVATHI 2.THE SUPERINTENDENT OF POLICE, GUNTUR DISTRICT, GUNTUR. 3.THE SUBDIVISIONAL POLICE OFFICER, THULLUR, GUNTUR DISTRICT. 4.THE SUB INSPECTOR OF POLICE, TADIKONDA POLICE STATION, GUNTUR 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 topleased to issue a Writ of Mandamus or any other appropriate Writ, Order or direction declaring the action of the respondents in continuing the Rowdy sheet opened against the petitioner by 4TH respondent at the instance of the 3RD respondent on 31.10.2017, is arbitrary, illegal, malafide and violation of Article 21 of the Constitution of India and consequently direct the Respondents herein to close the Rowdy sheet pending against the -1- 2 petitioner vide Rowdy Sheet No. 91, dated 31.10.2017 and further direct the respondents not to interfere with the personal liberty of the Petitioner and pass 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 Pleased to direct the Respondents herein not to interfere with the liberty of the Petitioner by calling him to the Police Station, pursuant to the opening of Rowdy Sheet No.91, pending disposal of the Writ Petition before this Hon’ble Court. Counsel for the Petitioner: 1.NAGENDRA BABU PARAGATI Counsel for the Respondent(S): 1.GP FOR HOME The Court made the following: / 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAl PRATAPA WRIT PETITION NO: 28574 of 2025 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 action of the respondents in continuing the Rowdy sheet opened against the petitioner by 4TH respondent at the instance of the 3RD respondent on 31.10.2017, is arbitrary, Constitution of India and consequently direct the Respondents herein to close the Rowdy sheet pending against the petitioner vide Rowdy Sheet No. 91, dated 31.10.2017 and further direct the respondents not to interfere with the personal liberty of the Petitioner.... ” Illegal, malafide and violation of Article 21 of the Heard Sri P.Nagendra Babu, learned counsel for the petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home for the 2. respondents. Learned Assistant Government Pleader for Home, on instructions, 3. 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 Petitioner in the vicinity. Rowdy Sheet No.91 was opened against the Petitioner. He would further submit that one crime is pending against the petitioner i.e.. Crime No.74 of 2016 under Section 302 r/w 34 of IPC of Thadikonda P.S. There are no cases pending against the petitioner. 4 I 4. In Sunkara Satyanarayana Vs. State of Andhra Pradesh ^ 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”. 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.74 of 2016 under Section 302 r/w 34 of IPC of Thadikonda P.S is pending against the Petitioner and as admitted by the learned Assistant Government Pleader, except the said crime, 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. 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. 2000(1) ALD(Crl.) 117 (AP) -x. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- U SRIDEVI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Home Department, Secretariat Buildings, Amaravathi, Guntur District. 2. The Superintendent of Police, Guntur District, Guntur. 3. The Sub-Divisional Police Officer, Thullur, Guntur District. 4. The Sub Inspector of Police, Tadikonda Police Station, Guntur District. 5. One CC to SRI NAGENDRA BABU PARAGATI Advocate [OPUC] 6. Two CCs to GP FOR HOME High Court of Andhra Pradesh [OUT] 7. Two CD Copies / gsg HIGH COURT DATED:16/10/2025 ORDER WP NO. 28574 OF 2025 =eI 0 1 NOV 2025 O Co mntSectio §ms&~ ALLOWING THE WP WITHOUT COSTS