APHC010188962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 9692/2024 Between: 1. PADAVALA CHAKRAVARTHY,, S/O DAVID RAJU, AGED ABOUT 51 YEARS, OCC PRIVATE EMPLOYEE, R/O H.NO. 18-133/4, DWARAKANAGAR, CHODAVARAM MANDAL, ANAKAPALLE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, ANAKAPALLE DISTRICT. 4. THE SUPERINTENDENT OF POLICE, ANAKAPALLE DISTRICT. 5. THE DEPUTY SUPERINTENDENT OF POLICE, ANAKAPALLE DISTRICT. 6. THE INSPECTOR OF POLICE, CHODAVARAM, ANAKAPALLE DISTRICT. 7. THE STATION HOUSE OFFICER, CHODAVARAM P.S, ANAKAPALLE DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. DASARI S V V S V 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: “.... to issue a writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in opening Suspect sheet/ Rowdy Sheet and continuing the rowdy sheet on the file of Chodavaram P.S against the petitioner herein without reviewing, thereby making the petitioner to come to the 7th respondent frequently, 2 harassing the petitioner by keeping continuous surveillance on him as illegal, arbitrary, violation of guidelines which are laid down in AP Police Manual for Opening and Maintaining suspect sheet/ rowdy sheet contrary to the principles and law laid in catena of judgments by the Hon'ble Supreme Court and Hon'ble High Court in W.P no. 1166 of 2014 and batch dated 27.07.2022 and also violation of Articles 14, 19 and 21 of the constitution of India and consequently direct the respondent to close the suspect sheet/rowdy sheet against the petitioner by the respondents.= 2. Heard Sri Dasari S.V.V.S.V.Prasad, learned counsel for the Petitioner and Sri V.Farooq, learned Assistant Government Pleader for Home. 3. Learned counsel for the Petitioner would submit that except Crime No.67 of 2024 on the file of Chodavaram Police Station, for the offence under Sections 354, 506 and 509 read with 34 IPC, no other cases are pending against the Petitioner. Learned counsel would further submit that the Petitioner was falsely implicated in the said case and that the offences alleged against the Petitioner does not relate to breach of public peace and tranquility. 4. Sri V.Farooq, learned Assistant Government Pleader for Home, would submit that, except one crime, there are no other cases pending against the Petitioners. 5. 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 1 2000(1) ALD (Crl.) 117 (AP) 3 offender is whether the acts so committed by a person will have a tendency to disturb public peace and tranquility=. 6. 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, a case in Crime No.67 of 2024 on the file of Chodavaram Police Station, for the offence under Section 354, 506 and 509 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 the impugned rowdy sheet against the Petitioner herein would amount to abuse of process of the Court. 7. 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:25.11.2025 Asr 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.9692 of 2024 Dt.25.11.2025 Asr