Andhra Pradesh High Court - Amravati
Kakanaboyina Srinivasa Rao, vs The State Of Andhra Pradesh, on 2 May, 2025
APHC010597852024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
FRIDAY
FRIDAY, THE SECOND DAY OF MAY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.
N 31385/2024
BETWEEN:
Kakanaboyina Srinivasa Rao, ...Petitioner
AND
The State Of Andhra Pradesh and Others ...Respondent(s)
Counsel for the Petitioner:
1. P V N KIRAN KUMAR
Counsel for the Respondent(S):
1. GP FOR HOME
The Court made the following:
2
ORDER:
Aggrieved by the action of the respondent Nos.3 to 5 in opening and continuing Rowdy Sheet No.52 of 2022 dated 01.10.2022 on the file of the Chillakur Police Station Chillakur, NTR District, and was assailed in the present Writ Petition as it is against to law, illegal, colourable exercise of power. Hence, it violates the fundamental rights as guaranteed under Articles 14, 19 and 21 of the Constitution of India.
2. It is asserted in the affidavit filed in support of the Writ Petition that Chillakur police registered 5 crimes against the petitioner i.e. Crime No.191 of 2018 for the offence punishable under Sections 341 and 324 of IPC, Crime No.41 of 2020, Crime No.47 of 2021, Crime No.252 of 2021 and Crime No.508 of 2021 for the offences punishable under Section 34A of the Andhra Pradesh Excise Act, on the file of the Chillakur Police Station, Chillakur, NTR District. Against the said crimes, the Chillakur Police have filed charge sheet before the jurisdictional Magistrate and the petitioner was acquitted in all the cases. Upon the registration of the above said crimes, the 3 respondents more particularly the respondent No.5 i.e. Station House Officer, Chillakur Police Station compelling the petitioner to attend the police station regularly and making the petitioner to sit in the police station from morning to evening. And opening of Rowdy Sheet is contrary to the Police Standing Orders as well as law laid down by the Hon'ble Court in Udathu Suresh v. State of Andhra Pradesh and others.
3. As seen from the conditions laid down in the above said Police Standing Orders for opening a Rowdy Sheet, against a person, the person must habitually commit, attempt to commit, or abet the commission of offences involving a breach of the peace. A person bound over under Sections 106, 107, 108 (C), 110(1) of Criminal Procedure Code against a person who have been convicted more than once in two consecutive years under Section 75 of the Madras City Police Act or under Section 3(12) of the Town Nuisance Act, or a person who habitually tease women or girls by passing notice remarks or otherwise and in the case a Rowdy sheet in a area under one Police Station, to found to be frequently visiting the area under one or more other police stations, the Rowdy Sheets can be maintained.
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4. As seen from the crimes registered against the petitioner, those crimes does not relates to the crimes stated in the preceding para. Hence, a Rowdy Sheet cannot be opened in a mechanical, routine and negligent manner and a great care, caution and circumspection are required to be observed for opening of a Rowdy sheet.
5. As the same undoubtedly touches the personal liberty of the citizens in a considerable impact on fundamental rights as enshrined under Chapter 3 of the Constitution of India.
6. And any deviation or breach of the same would render action invalid and void. As such he has present invoking extra jurisdiction of this Court under Article 226 of Constitution of India. Hence, prayed to set aside the Rowdy Sheet No.52/2022 dated 01.10.2022 on the file of the Chillakur Police station.
7. A counter affidavit has been filed asserting that 5 crimes were registered against the petitioner. And the petitioner was charge sheeted for the offences punishable under Sections 341 and 324 of IPC in Crime No.191 of 2018 and the charge sheets filed for the offence punishable under Section 34A of the Andhra Pradesh Excise Act in other 4 crimes i.e., in Crime No.41 of 2020, 5 Crime No.47 of 2021, Crime No.252 of 2021, Crime No.508 of 2021. And in one case the learned Judicial Magistrate of First Class, Jaggaiahpeta, has referred C.C. No. 76 of 2020 in Crime No. 41 of 2020 to Lokadalat and the petitioner was convicted and directed to pay a fine of Rs.200/-.
8. And further stated that the petitioner herein has scant respect towards the law and in order to curb and curtail the unlawful activities of the petitioner herein the vicinity of the Chillakallu Police has opened suspect sheet against the petitioner after obtaining permission from Sub-Divisional Police Officer order dated 20.05.2021. It is further stated that under the Police Standing Order No.601 the following persons may be classified as rowdies and rowdy sheet may be opened for them under the SP/DCP and ACP/SDPO.
1. 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.
2. Persons bound over under Sections 106, 107, 108(1) and 110(e) and (g) of Cr.P.C.
3. Persons who have been convicted more than once in two consecutive years under Sections 59 and 70 of 6 the Hyderabad City police Act or under Section 3, Clause 12 of the AP Town Nuisances Act.
4. Persons who habitually tease women and girls and pass indecent remarks including offences under Sections 354-A, B, C and 354-D IPC.
5. Persons who have been charge sheeted under the offence of Rape (376, 376-A, B, C, D and E IPC).
6. Persons who have been charge sheeted under the offences of POCSO Act, 2012 and Acid Attacks (326A and 326B of IPC).
7. 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.
8. 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‟.
9. Persons who incite, instigate and participate in communal/caste or political riots.
10. Persons detained under the AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and 7 Land Grabbers Act, 1986 for a period of 6 months or more.
11. 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.
12. Persons on whom charge sheets filed under the offence of murder and attempt to murder (302 and 307 IPC).
13. Persons on whom charge sheets filed under the offence of chain snatching.
14. Persons who are convicted under the Representation of People Act, 1951 for rigging, carrying away, damaging ballot paper, boxes and polling material."
9. It is further asserted that as per Standing Order 602(2) that it should preclude the SP/DCP/CP to continue his history sheet if SP/DCP/CP is of the considered view that the activities of the accused is or are prejudicial to the maintenance of public order or one affecting peace and tranquility in the area and the victims are not able to come forward to give a complaint on account of threat from accused.
10. The legal validity of Chapter 37 of the A.P. Police Manual, which serves as the foundation for the creation of rowdy-sheets, 8 suspect-sheets, and history-sheets, has been brought into question and challenged in W.P.No.3568 of 2022 and related cases. In a common order dated 15.07.2022, this Court addressed the issue extensively, taking into account relevant laws and previous judgments of the Supreme Court, particularly the landmark judgment in K.S. Puttaswamy v. Union of India1. This Court concluded that Chapter-37 of the A.P. Police Manual or A.P. Police Standing Orders on the basis of which the rowdy- sheets/suspect-sheets/history-sheets are being opened and surveillance is being kept on the individuals on the basis of the said rowdy-sheets/suspect-sheets/history-sheets, as deemed void.
11. At para 45 of the said common order, it is held as follows:
"45) Hence, the Writ Petition No.3568 of 2022 is allowed declaring the Standing Orders of A.P. Police Manual / A.P. Police Standing Orders to the extent of opening/ continuation of Rowdy Sheet, Suspect Sheet, History Sheet etc., and on that basis the surveillance of the individual (in terms of Chapter 37 of the above said Standing Orders) as void. All the other Writ Petitions are also allowed. All the rowdy sheets opened in this batch of Writ Petitions are directed to be closed immediately. The police cannot open or continue a rowdy sheet or collect data pertaining to a 1 (2017) 10 SCC 1 9 person without the sanction of "law". Collection of personal data and its usage for prevention of crimes also can only be in accordance with a "law" which crosses the thresholds mentioned in the Constitution of India and the various judgments including K.S. Puttaswamy case (referred supra) since 'privacy' is now a Fundamental Right as per Part-III of the Constitution of India. It is reiterated that the police cannot (under the existing orders) indulge in night visits;
domiciliary visits to the houses of a suspect or accused. They cannot take or demand the photographs, fingerprints etc., except under the procedure established by a 'law' and if the conditions laid down are satisfied. Accused or suspects cannot be summoned or called to the Police Station or anywhere else either during festivals/ elections/weekends etc. They cannot be made to wait at the Police Stations for any reason or seek permission to leave the local jurisdiction."
12. Referring the principles enunciated in the above judgment and for the conclusions reached by this Court in the aforesaid judgment and in the light of these facts, keeping the suspect sheet / rowdy-sheets / history-sheets against the petitioner, which is impugned in this writ petition, is illegal and unconstitutional, and it would constitute an abuse of judicial process.
13. In view of the aforesaid facts and circumstances of the case, the Writ Petition is allowed and the impugned Rowdy Sheet 10 opened against the petitioner herein is hereby quashed. There shall be no orders as to costs.
As a sequel, interlocutory applications pending, if any, in this writ petition shall stand closed.
___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 02.05.2025 Harin 11 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHARA RAO 30 W.P.No. 31385 OF 2024 Date: 02.05.2025 Harin