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2026 DAILYLAW 15210 (AP)

VALLABHANENI RAMESH v. THE STATE OF AP

WP/1950/2026 · 2026-03-16

Y Lakshmana Rao

body2026

Judgment text

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APHC010029402026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] TUESDAY,THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1950/2026 Between: VALLABHANENI RAMESH, S/OSEETHARAMAIAH, AGED ABOUT 48 YEARS, RIO D.NO. 18-20, DINTMERAKA, KODURU,KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.-522237 2. 2. THE SUPERINTENDENT OF POLICE, MACHILIPATNAM, KRISHNA DISTRICT.-521001 3. 3. THE DEPUTY SUPERINTENDENT OF POLICE, REPALLE, KRISHNA DISTRICT.-521001 4. 4. THE INSPECTOR OF POLICE, REPALLE POLICE STATION, KRISHNA DISTRICT.-522265 5. 5. THE STATION HOUSE OFFICER, ADAVULADEEVI,GUNTUR DISTRICT.522262 ...RESPONDENT(S): Counsel for the Petitioner: ABDUL MATHEEN S Counsel for the Respondent(S): 2 Dr. YLR, J W.P.No.1950 of 2026 Dated 17.03.2026 GP FOR HOME The Court made the following: ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue an appropriate writ order or direction preferably in the nature of a writ of Mandamus declaring the action of the Respondent police in opening and continuing the Rowdy Sheet No 54/A opened against the petitioner as illegal arbitrary unjust colourable exercise of power and in violation of Article 21 of the Constitution of India and consequently direct the Respondents to close the said Rowdy Sheet No 54/A from Adavuladeevi Police Station Guntur district in the interest of the justice and to pass….” 2. Mr. Abdul Matheen.S, the learned counsel for the petitioner, submits that five cases were registered against the petitioner and that, at present, all the said cases have ended in acquittal, and no cases are pending against him. In spite of the said fact, the continuation of the rowdy sheet is arbitrary, illegal, and unsustainable. It is further submitted that the rowdy sheet was opened against the petitioner on 10.01.2005 after obtaining permission from the Sub Divisional Police Officer, Repalle Sub Division. From 2005 onwards, pursuant to the opening of the rowdy sheet, no case has resulted in conviction against the petitioner, and therefore, the learned counsel urged that the petition be allowed. 3. Sri P. Ajay Babu, the learned Assistant Government Pleader submits that altogether five cases were registered against the petitioner for various offences and urged to dismiss the petition. In the counter filed by 3 Dr. YLR, J W.P.No.1950 of 2026 Dated 17.03.2026 respondent No.3, it is stated that Rowdy Sheet No. 54/A was opened against the petitioner by respondent No. 4 pursuant to the directions issued by respondent No.3 on 10.01.2005, vide proceedings in Order Nos.733(1) and 1002(3), and that the rowdy sheet is being revised from time to time and is continuing on the file of Adavuladeevi Police Station. 4. It is mentioned that the following cases were registered against the petitioner. 1. Crime No.184/2020, under Sections 323, 34, 341, 508, and 509 of ‘the IPC’ of Koduru Police Station. In the said case, both parties compromised before the Lok Adalat on 07.11.2020. 2. Crime No.191/2021, under Sections 188 and 269 of ‘the IPC’ and Section 3 of the ESA of Koduru Police Station. The said case ended in conviction vide C.C. No.517/2021 on the file of the learned Junior Civil Judge-cum-Judicial First Class Magistrate, Avanigadda, on 03.11.2021. 3. Crime No.52/2002, under Section 5 of the Essential Services Act (ES Act) of Adavuladeevi Police Station. The said case ended in acquittal on 01.11.2004. 4. Crime No.24/2005, under Sections 341 and 506 read with 34 of ‘the IPC’ of Adavuladeevi Police Station. In the said case, both parties compromised on 13.02.2007. 5. Crime No.2/2005, under Section 324 read with 34 of ‘the IPC’ of Chowdayapalem Police Station. The said case ended in acquittal. 5. As per Standing Order No.601 of the Andhra Pradesh Police Manual, the following persons may be classified as rowdies and Rowdy Sheet may be opened for them under Orders of the Superintendent of Police and Sub Divisional Police Officer. 4 Dr. YLR, J W.P.No.1950 of 2026 Dated 17.03.2026 i. Persons, who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbances to public order and security. ii. Persons bound over under sections 106, 107, 108(1) and 110(e) and (g) of Cr.P.C. iii. Persons who have been convicted more than once in two consecutive years under sections 59 and 70 of the Hyderabad city police Act or under section 3. clause 12 of the AP Town Nuisances Act. iv. Persons who habitually tease women and girls and pass indecent remarks including offences U/sec. 354-A, B C and 354D IPC. V. Persons who have been charge sheeted under the offence of Rape (376, 376, A,C D.E). vi. Persons who have been charge sheeted under the offences of POCSO Act, 2012 and Acid Attacks (326A and 326B of IPC) vii. Rowdy sheets for the rowdies residing one police station area but found frequenting the other Police Stations area, can be maintained at all such police stations. viii. Persons who intimidate by threats or use of physical violence or other unlawful means to part with movable or immovable properties or in the habit of collecting money by extortion from shopkeepers, traders and other residents including "loan sharks". ix. Persons who incite, instigate and participate in communal/caste or political riots. x. Persons detained under the AP prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 for a period of 6 months or more. xi. Persons on whom charge sheets filed under the offence of assault on public servants, under Arms Act and such other offences punishable with imprisonment of 2 years or more. xii Persons on who charge sheets filed under the offence of murder and attempt to murder (302 and 307 IPC) xiii. Persons on whom charge sheets filed under the offence of chain snatching. xiv. Persons who are convicted under the Representation of People Act, 1951for rigging, carrying away, damaging ballot paper, boxes and polling material. 5 Dr. YLR, J W.P.No.1950 of 2026 Dated 17.03.2026 6. On careful perusal of the Standing Orders, the respondent cannot open or continue a rowdy sheet/suspect sheet against the petitioner, inasmuch as the petitioner does not fall within any of the conditions enumerated in the said Standing Orders. The petitioner has not committed any offence mentioned therein. Out of the five cases, one case was ended in compromise before the Lok Adalat, one case was ended in conviction for the offences under Sections 188 and 269 of ‘the IPC’, and the remaining three cases were ended in acquittal. The case of the petitioner does not fall within any of the conditions enumerated under Standing Order No.601 of the Andhra Pradesh Police Manual. Therefore, there is no justification to continue the rowdy sheet even after the acquittal of the petitioner. 7. In pari materia, this Court in Tadiboyina Peraiah @ Mahesh v. State of A.P1 held that when no crimes are pending against a person and no material is produced to demonstrate threat to public peace, continuation of a rowdy sheet under Standing Order No. 601 of the A.P. Police Standing Orders is impermissible. 8. Similarly, in Sunkara Satyanarayana v. State of Andhra Pradesh2, a Coordinate Bench categorically observed that rowdy sheet cannot be opened in a casual or mechanical manner. Mere dubbing of an individual as a habitual offender is insufficient. The Police must exercise due care 12021 (2) ALT (Crl.) 161 22000(1) ALD (Crl.) 117 (AP) 6 Dr. YLR, J W.P.No.1950 of 2026 Dated 17.03.2026 and caution before branding a person as a rowdy, and the essential consideration is whether the acts of such person have a tendency to disturb public peace and tranquility. 9. A careful reading of these precedents clearly indicates that the creation or continuation of rowdy sheet requires strict adherence to procedural safeguards and regular review by the statutorily designated authorities. The Respondents are duty-bound to examine whether the alleged misconduct genuinely affects public peace. In the present case, the Petitioner was acquitted in the above mentioned crimes. In such circumstances, the continuation of the impugned rowdy sheet amounts to an arbitrary exercise of power and constitutes an abuse of process. 10. For the foregoing reasons, the Writ Petition is disposed of, declaring that the continuation of the impugned rowdy sheet against the Petitioner is illegal. The Respondent authorities are directed to forthwith close the said rowdy sheet opened against the petitioner. No order as to costs. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 17.03.2026 RSI 7 Dr. YLR, J W.P.No.1950 of 2026 Dated 17.03.2026 189 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 1950 of 2026 Date: 17.03.2026 RSI