APHC010367962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 18712/2025 Between: GANIKAPUDI SYAM SUNDAR, S/O ABRAHAM, AGED ABOUT 44 YEARS, OCC SOFTWARE ENGINEER R/O. YERRABALEM VILLAGE, KROSURR MANDAL, GUNTUR, DISTRICT, A.P - 522410. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY HOME DEPARTMENT SECRETARIAT VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER OF POLICE, NTR POLICE COMMISSIONARATE, VIJAYAWADA, NTR DISTRICT, 3. THE SUB DIVISIONAL POLICE OFFICER, NANDIGAMA RURAL SUB DIVISION, NTR DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, NADIGAMA RURAL, NTR DISTRICT. 5. THE STATION HOUSE OFFICER, CHANDARLLAPADU POLICE STATION, CHANDARLAPADU MANDAL, NTR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: JAYA PRAKASH MADASU Counsel for the Respondent(S): 2 Dr. YLR, J W.P.No.18712 of 2025 Dated 09.03.2026 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 any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondents 2 to 4 in opening a Opening the rowdy sheet bearing No C No 126/HS O/SDONDG/2021 dated 22112021 on the file of Chandarlapadu Police Station Krishna District as illegal arbitrary and in violation of my fundamental rights guaranteed under Article 20 AND 21 of the Constitution of India and calling me to the police station regularly on the said basis and consequently setaside the said suspect sheet and to pass….” 2. Mr. Jaya Prakash Madasu, learned counsel for the petitioner, submits that respondent Nos.2 to 4 opened a rowdy sheet vide impugned proceedings C.No.126/HS-O/SDO-NDG/2021 dated 22.11.2021 on the file of Chandarlapadu Police Station, without following Police Standing Orders of the Andhra Pradesh Police Manual, and that the rowdy sheet is still continuing, which is violative of Articles 14 and 21 of the Constitution of India. He, therefore, urged to set aside the impugned proceedings. Respondent No.3 has filed counter in this case. 3. Sri P. Ajay Babu, learned Assistant Government Pleader appearing for the respondents, submits that a case in Crime No.71 of 2015 for the offence punishable under Sections 376, 511, 417 read with 34 of ‘the IPC’ and Sections 4 of the Dowry Prohibition Act, 1961 was registered by the Station 3 Dr. YLR, J W.P.No.18712 of 2025 Dated 09.03.2026 House Officer, Chandarlapadu Police Station, and the said case was ended in acquittal on 12.12.2019. It is further submitted that, in order to curb and curtail the unlawful activities of the petitioner in the vicinity of Chandarlapadu Police Station, the Station House Officer, Chandarlapadu Police Station, opened rowdy sheet against the petitioner after obtaining permission from the Sub- Divisional Police Officer, Nandigama Sub-Division, respondent No.3, vide proceedings in C.No.126/HS-O/SDO-NDG/2021 dated 22.11.2021. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 5. As per Andhra Pradesh Police Manual Order No.601 the following persons should be classified as rowdies and rowdy sheets shall be opened for them under the order of the Superintendent of Police/SDPO. 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). 4 Dr. YLR, J W.P.No.18712 of 2025 Dated 09.03.2026 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. 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 fit into any of the conditions enumerated in the said Standing Orders. The petitioner has not committed any offence mentioned in the Standing Orders. A case in Crime No.71 of 2015 was registered, and the same was ended in acquittal on 12.12.2019. There are no instances of 5 Dr. YLR, J W.P.No.18712 of 2025 Dated 09.03.2026 committing similar offence by the petitioner after his acquittal. As per Andhra Pradesh Police Manual Order No.601(v) the Rowdy Sheet was opened against the petitioner in the year 2021. However, there is no justification to continue the Rowdy Sheet even after acquittal of the petitioner. 7. In pari materia, this Court in Tadiboyina Peraiah @ Mahesh v. State of A.P 1 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 or 602(2) 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 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 Crime No.71 of 2015 on 12.12.2019. In such circumstances, the 12021 (2) ALT (Crl.) 161 22000(1) ALD (Crl.) 117 (AP) 6 Dr. YLR, J W.P.No.18712 of 2025 Dated 09.03.2026 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: 09.03.2026 RSI 7 Dr. YLR, J W.P.No.18712 of 2025 Dated 09.03.2026 75 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 18712 of 2025 Date: 09.03.2026 RSI