Extracted from the PDF above. The PDF is authoritative.
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APHC010435212025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 22531 of 2025 Between:
1. RAYAPU REDDY PRASAD, S/O NOOKARAJU, AGED ABOUT 51 YEARS, OCC CULTIVATION, R/O K.NAIDUPALEM VILLAGE, ROLUGUNTA (M), VISAKHAPATNAM DISTRICT. ...PETITIONER AND
1. THE STATE OF AP, REP. BY ITS PRL. SECRETARY, HOME DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, ANAKAPALLY, ANAKAPALLY DISTRICT. 3. THE ASSISTANT SUPERINTENDENT OF POLICE, NARSIPANAM, ANAKAPALLY DISTRICT. 4. THE STATION HOUSE OFFICER, ROLUGUNTA POLICE STATION, ANAKAPALLY DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner:
1. SRAVAN KUMAR NAIDANA 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:
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“…a Writ of Mandamus to declaring the action of the respondents in opening continuing and transferring the Rowdy Sheet No.C.No. 01/HS/ASPNPM/2011 dated 22.02.2011 on the file of 4th respondent police station maintained by 3rd respondent against the petitioner herein as illegal arbitrary unconstitutional and consequently direct the respondents to close and to quash the Rowdy Sheet No C.No.01/HS/ASPNPM/2011 dated 22.02.2011 on 4th respondent police station maintained by 3rd respondent against the petitioner and pass”. 2. Heard Sri Sravan Kumar Naidana, learned counsel for the petitioner and Sri Md. Farooq, learned Assistant Government for Home. 3. Learned Assistant Government Pleader for Home, by way of counter, would submit that to curb and curtail the unlawful activities of the Petitioner in the vicinity, Rowdy Sheet was opened against the Petitioner and the cases registered against the petitioner were ended in acquittal. Learned Government Pleader would further submit that after filing of the counter affidavit, a case in Crime No.86 of 2025 of Rolugunta Police Station has been registered against the petitioner. 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 a 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
1 2000(1) ALD (Crl.) 117 (AP)
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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.86 of 2025 of Rolugunta Police Station 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 opened 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: 23.10.2025. KNN
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HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
W.P.No.22531 of 2025
Dated.23.10.2025
KNN