APHC010692382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO: 35697/2025 Between: 1. KAGGA SREE HARI @ HARI,, S/O NAGARAJU , AGE ABOUT 29 YEARS, R/O HOUSE NO. 1-16, LAMBADIPETA,PEAPARIPUDI PEDAPARUPUDI MANDAL, KRISHNA DISTRICT. ANDHRAPRADESH-521 321 ...PETITIONER AND 1. THE STATE OF A P, REP. BY ITS PRINCIPLE SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI- 522503 2. THE DISTRICT SUPERINTEND OF POLICE, , MACHILIPATNAM KRISHNA DISTRICT. ANDHRA PRADESH-521001 3. THE SUBDIVISIONAL POLICE OFFICER, GUDIVADA, KRISHNA DISTRICT. ANDHRA PRADESH-521301 4. THE STATION HOUSE OFFICER, PEDAPARUPUDI PLICE STATION , PEDAPARUPUDI MANDAL, KRISHNA DISTRICT. ANDHRA PRADESH-521148 ...RESPONDENT(S): Counsel for the Petitioner: 1. D KASI RAO Counsel for the Respondent(S): 1. GP FOR HOME The Court made the following: 2 Dr. YLR, J W.P.No.35697 of 2025 Dated 19.02.2026 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO:35697 of 2025 ORDER: The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue a writ or order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of respondents 2 to 4 in opening a suspect sheet bearing C.No.89/HS/ACP.SZ/2017, dated 12-1-2017 on the file of Pedaparupudi 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 set-aside the said suspect sheet and pass….” 2. Mr. D.Kasi Rao, learned counsel for the petitioner, submits that respondent Nos.2 to 4 opened a suspect sheet vide C.No.89/HS/ACP.SZ/2017, dated 12.01.2017 on the file of Pedaparupudi Police Station, Krishna District, 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. Respondent No.3 has filed a counter. 3. Sri P. Ajay Babu, learned Assistant Government Pleader appearing for the respondents, submits that a case in Crime Nos.91 of 2011 on the file of Pedaparupudi Police Station, Cr.No.33 of 2015 on the file of Pedaparupudi Police Station and Cr.No.202 of 2016 on the file of Krishnalanka Police 3 Dr. YLR, J W.P.No.35697 of 2025 Dated 19.02.2026 Station, all registered for the offence punishable under Section 379 of the Indian Penal Code, 1860 (for brevity, ‘the IPC’) were compromised before the Lok Adalat on 23.11.2013, 12.03.2016, and 15.10.2016 respectively. It is further submitted that, in order to curb and curtail the unlawful activities of the petitioner in the vicinity of Krishnalanka Police Station, Vijayawada, the Station House Officer of Krishnalanka Police Station, Vijayawada, opened Suspect Sheet No.08 of 2012 against the petitioner after granting permission from the Assistant Commissioner of Police, South Zone, Vijayawada City, respondent No.3 vide proceedings in C.No.89/HS/ACP.SZ, Vijayawada, dated 12.01.2017 on the point of jurisdiction, it is submitted that the suspect sheet/rowdy sheet was transferred to Pedaparupudi Police Station on 09.01.2016, and the same is maintaining from time to time. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader. 5. As per Andhra Pradesh Police Manual Order No.600 (1) 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, convicted under any section of the Indian Penal Code, who are considered likely to commit crime again. ii. Persons, not convicted but believed to be addicted to crime. iii. Members of criminal gangs or organized criminal syndicates who have been charge sheeted. iv. Communal and Caste activists who are known to instigate, organize violence or spark off communal or caste riots. 4 Dr. YLR, J W.P.No.35697 of 2025 Dated 19.02.2026 v. Smugglers, hoarders, black marketers and for professional land grabbers, boot legers, sand smugglers, persons charged under money laundering Act, vi. Assault on Public Servant. vii. Attempt to murder (307 IPC), Murder (302 IPC) viii. Chain snatching ix. Extended under City Police Act/other Acts like Anti-Social Hazardous Activities (Prevention) Act. x. Extended under Anti-Social Activities, Hazardous Activities (Prevention) Act, 1980 and other Acts. xi. Rape Cases U/s.376 IPC, 376A, C, D, E. xii. Trafficking cases U/s.370, 370A, 366A, 366B, 372, 373 IPC including Immoral Traffic Prevention Act Sections. xiii. Cases of POCSO (Protection of Children from Sexual Offences Act, 2012. xiv. Cases U/s. 354, 354A to 354D, 326A, 326B of IPC. xv. Listed accused in Multi-level Marketing cases/White Collar Crime. xvi. Persons charged under unlawful Activities (Prevention) Act. 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 Nos.91 of 2011 on the file of Pedaparupudi Police Station, Cr.No.33 of 2015 on the file of Pedaparupudi Police Station and Cr.No.202 of 2016 on the file of Krishnalanka Police Station were registered, and the same were ended in acquittal by way of compromise before the Lok Adalat. 5 Dr. YLR, J W.P.No.35697 of 2025 Dated 19.02.2026 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 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. 9. On perusal of the record, it is noticed that, from 2016 onwards, no criminal case has been registered against the petitioner. It is undisputed that the suspect sheet was initially opened in 2012. In the absence of any subsequent cases after 2016, the continuation of the suspect sheet is devoid of purpose and stands on no legal footing. 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 12021 (2) ALT (Crl.) 161 22000(1) ALD (Crl.) 117 (AP) 6 Dr. YLR, J W.P.No.35697 of 2025 Dated 19.02.2026 acquitted in Crime Nos.91 of 2011 on the file of Pedaparupudi Police Station, Cr.No.33 of 2015 on the file of Pedaparupudi Police Station and Cr.No.202 of 2016 on the file of Krishnalanka Police Station, through a compromise before the Lok Adalat. In such circumstances, the continuation of the impugned suspect sheet amounts to an arbitrary exercise of power and constitutes an abuse of process. Therefore, the suspect sheet No.08 of 2012 is liable to be set aside. 11. For the foregoing reasons, the Writ Petition is disposed of, 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: 19.02.2026 Pmk 7 Dr. YLR, J W.P.No.35697 of 2025 Dated 19.02.2026 115 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO WRIT PETITION NO:35697 of 2025 Date: 19.02.2026 Pmk