1 APHC010582092024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 30613/2024 Between: 1. AAVULA SIVAIAH, S/O.KOTAIAH, AGED ABOUT 37 YEARS, R/O.D.NO 5-21 B, PAPAYAPALEM, KOTHAPETA (RURAL),PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE DIRECTOR GENERAL OF POLICE, MANGALAGIRI, GUNTUR DISTRICT. 3. THE SUPERINTENDENT OF POLICE, BAPATLA DISTRICT. 4. THE SUBDIVISIONAL POLICE OFFICER, CHIRALA, 5. CHIRALA I TOWN POLICE STATION, BAPATLA DISTRICT, REP. BY ITS STATION HOUSE OFFICER. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the4th and 5thRespondents in opening and continuing the rowdy sheet bearing History Sheet No. 1023/2022 against the Petitioner continuing the 2 same against him as illegal, Arbitrary, unconstitutional and consequently quash the Rowdy Sheet bearing History Sheet No. 1023/2022 in the 5th Respondent P.S, against the Petitioner herein opened and continued by 4th and 5thRespondents herein and pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to receive the Counter affidavit copies on record by allowing the leave petition in the writ petition in the interest of justice and to pass Counsel for the Petitioner: 1. PADALA VENKATA SRIRAM REDDY Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 3 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 30613/2024 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 more particularly one in the nature of Writ of Mandamus declaring the action of the4th and 5thRespondents in opening and continuing the rowdy sheet bearing History Sheet No. 1023/2022 against the Petitioner continuing the same against him as illegal, Arbitrary, unconstitutional and consequently quash the Rowdy Sheet bearing History Sheet No. 1023/2022 in the 5th Respondent P.S, against the Petitioner herein opened and continued by 4th and 5thRespondents herein and pass….” 2. Mr. Padala Venkata Sriram Reddy, learned counsel for the petitioner, submits that respondent No.5 opened a rowdy sheet bearing History Sheet No.1023 of 2022 without following Police Standing Orders Nos.742, 601, and 602 of the Andhra Pradesh Police Manual, and that the suspect 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. 3. Sri P. Ajay Babu, learned Assistant Government Pleader appearing for the respondents, submits that a case in Crime No.286 of 2021 for the offences punishable under Section 452 of ‘the IPC’ and Section 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 for (brevity ‘the POCSO Act’) was registered by the Station House Officer, I Town Police Station, Chirala, and the said case was acquitted by the learned Special Judge, Special Court for Speedy Trial of Offences under ‘the POCSO Act’ 4 2012 on 04.05.2023. He further submits that, in order to curb and curtail the unlawful activities of the petitioner in the vicinity of I Town Police Station, Chirala, the Station House Officer, opened suspect sheet/rowdy sheet No.1023 against the petitioner after obtaining permission from the Sub Divisional Police Officer Chirala, vide proceedings in C.No.06/Rowdy SDOC/2023, dated 14.03.2022, and the same is being continued. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 5. Indeed, Standing Order No.600(1) of the Andhra Pradesh Police Manual enables respondent No.3 to open a suspect sheet or history sheet under the orders of respondent No.2. 6. As per Andhra Pradesh Police Manual Order No.601 the following persons should be classified as suspects and History 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. 5 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 whom 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 ivx. Persons who are convicted under the Representation of People Act, 1951for rigging, carrying away, damaging ballot paper, boxes and polling material. 7. On careful perusal of the Standing Order, 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 6 Standing Order. The petitioner has not committed any offence mentioned in the Standing Orders. A case in Crime No.286 of 20121 was registered, and the same ended in acquittal on 04.05.2023. 8. 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. 9. Similarly, in Sunkara Satyanarayana v. State of Andhra Pradesh2, a Coordinate Bench categorically observed that rowdy sheets 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. 10. 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.286 of 20121 on 04.05.2023 In such circumstances, the continuation of the impugned suspect sheet amounts to an arbitrary exercise of power and constitutes an abuse of process. 12021 (2) ALT (Crl.) 161 22000(1) ALD (Crl.) 117 (AP) 7 11. For the foregoing reasons, the Writ Petition is allowed, declaring that the continuation of the impugned suspect sheet against the Petitioner is illegal. The Respondent authorities are directed to forthwith close the said suspect 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: 05.02.2026 KKV 8 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO:30613 of 2024 Date: 05.02.2026 KKV 9 HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MAIN CASE No: Crl.P.No.30613 of 2024 PROCEEDING SHEET Sl. No. DATE ORDER OFFICE NOTE 05.02.2026 Dr.YLR,J I.A.No.01 of 2026 This application is filed seeking leave of this Court to receive counter affidavit on record. For the reasons stated in the accompanying affidavit this application is allowed. Leave is granted and the counter affidavit is taken on record. _________ Dr.YLR,J Crl.P.No.30613 of 2024 The Criminal Petition is allowed. (vide separate order) _________ Dr.YLR,J KKV