APHC010675702022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE FOURTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 40073/2022 Between: SHAIK NAZEER, S/O.SHAIK SHAVALI AGED ABOUT 49 YEARS, OCC. BUSINESS, R/ O.SUNDIPENTA VILLAGE, SRISAILAM MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATION HOUSE OFFICER, II-TOWN POLICE STATION, SRISAILAM, NANDYAL DISTRICT. 2. THE DEPUTY SUPERINTENDENT OF POLICE, ATMAKUR, NANDYAL DISTRICT. 3. THE SUPERINTENDENT OF POLICE, NANDYAL, NANDYAL DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. P NAGENDRA REDDY 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 action of the Respondents No.1 to 3 Police in opening the HA Sheet against the Petitioner and continuing the same in the 1st Respondent Police vide HA No.5 and disturbing the personal liberty of the Petitioner on the ground of pendency of the HA Sheet as arbitrary, illegal and violation of Article 14, 20 and 21 of the 2 Constitution of India and consequently direct the Respondents No.1 to 3 to close HA Sheet No.5 pending against the Petitioner in the 1st Respondent Police Station forthwith in the internet of justice.” 2. Sri P.Nagendra Reddy, learned counsel for the Petitioner would submit that except Crime No.7 of 2018 on the file of I Town Police Station, Srisailam for the offences under Sections 307 and 120-B 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 based on the confession of co-Accused and that 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.7 of 2018 on the file of I Town Police Station, Srisailam for the offences under Sections 307 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 HA sheet against the Petitioner herein would amount to abuse of process of the Court. 6. Accordingly, the Writ Petition is allowed and the impugned HA 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:14.11.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.40073 of 2022 Dt.14.11.2025 Dinesh