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This Writ Petition is filed seeking to declare the action of the respondents in opening the rowdy sheet and continuing the same against the petitioner since 8 years though no criminal case is pending against him and thereby, compelling the petitioner to attend before respondent No.5 - Station House Officer, Hanamkonda Police Station, Hanamkonda, as illegal, arbitrary and against the principles of natural justice and violation of the rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently, to direct the respondents not to ask the petitioner to come to the police station and to close the rowdy sheet opened against him.

Learned counsel for the petitioner has submitted that as against the acquittal judgments passed by the competent Courts, the State has not filed any appeal and as on date, there are no cases pending against the petitioner and therefore, prayed to close the rowdy sheet opened against the petitioner. In support of his submission, he has relied upon the judgment in Kharak Singh v. State of U.P. and others1 and Vijay Narain Singh v. State of Bihar2, in which, the Apex Court held that opening of rowdy sheet and continuing the same without any AIR 1963 SC 1295 AIR 1984 SC 1334 CVBR, J valid reason would not characterize a person that he is habitually involving in commission of offences.

"602-1. History Sheets of suspects shall be maintained from the date of registration up to the end of December, after which the orders of a gazetted officer as to their discontinuance or retention for a further period shall be obtained.

2. Merely because a suspect/rowdy, having a history sheet, is not figuring as accused in the previous 5 years after the last case in which he was involved, it should not preclude the SP/DCP/CP to continue his history sheet if SP/DCP/CP is of the considered view CVBR, J that his activities are prejudicial to the maintenance of public order or one affecting peace and tranquillity in the area or the victims are not coming forward to give complaint against him on account of threat from him." Standing Order No.742 of A.P. Police Manual deals with the classification of rowdies and opening of rowdy sheets and the same is extracted below:

In view of the above and inasmuch as in the catena of cases, the Courts are consistently directing the police to maintain the rowdy sheet as per the Standing Orders of A.P. Police Manual, this Court is of the opinion that the action of the respondent police in maintaining the rowdy sheet against the petitioner even though no case is pending against him cannot be said to be proper.

CVBR, J Therefore, the respondent police are directed to close the rowdy sheet opened against the petitioner vide C.No.161/G/SDPO-HMK/2013 dated 25.03.2013. It is needless to observe that if the petitioner involves in any crime in future and if there is any sufficient material to establish that his movements are required to be prevented, the respondent police are at liberty to take action against him strictly in accordance with the Standing Orders of A.P. Police Manual.