APHC010238302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION No: 11927/2024 Between: DANDA VENKATA NAIDU ALIAS DV NAIDU, S/O LATE GOVINDAPPA, AGED 50 YEARS, R/O D.NO.L 1/1/179-11, FLAT NO.303-304, HIMA ARCADE, 2ND CROSS, ARAVINDANAGAR, ANANTAPUR, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETAIY, HOME DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ANANTHAPUR, ANANTHAPUR TOWN AND DISTRICT. 3. THE CIRCLE INSPECTOR OF POLICE, DCRB, ANANTHAPUR TOWN AND DISTRICT. 4. THE SUBDIVISIONAL POLICE OFFICER, GUNTAKAL, ANANTHAPUR DISTRICT. 5. THE INSPECTOR OF POLICE, URAVAKONDA RURAL CIRCLE, ANANTHAPUR DISTRICT. 6. THE SUBINSPECTOR OF POLICE, KUDERU PS, KUDERU TOWN AND MANDAL, ANANTHAPUR DISTRICT.. ...RESPONDENT(S): Counsel for the Petitioner: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus to declare the inaction of Respondents herein in closing the Rowdy Sheet opened 2 against me vide C.No.101/HSs/SDPO-G/2022, dated 04.12.2022 as illegal, arbitrary, unreasonable, null and void and violative of Articles 14 and 21 of the Constitution of India and opposed to the very spirit and object of Police Standing Order No.601 and 742 and consequently close the rowdy sheet opened against the petitioner.” 2. Sri P.Durga Prasad, learned counsel for the Petitioner would submit that except Crime No.110 of 2022 for the offences under Sections 167, 420, 467, 468, 471, 477-A and 120-B read with 34 IPC, no other cases are pending against the Petitioner. Learned counsel would further submit that the Petitioner is not an habitual offender and the offences alleged against the Petitioner do not relate to breach of public peace and tranquility. 3. Sri V.Farooq, learned Assistant Government Pleader for Home, would submit that, except one crime, there are no other cases pending against the Petitioner. 4. 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 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 1 2000(1) ALD (Crl.) 117 (AP) 3 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.110 of 2022 on the file of Kuderu Police Station, Ananthapuramu District for the offences under Sections 167, 420, 467, 468, 471, 477-A and 120-B read with 34 IPC 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. 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. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:15.09.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.11927 of 2024 Dt.15.09.2025 Dinesh