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2022 DIGILAW 457 (TS)

Achalaram v. Principal Secretary

2022-07-14

LALITHA KANNEGANTI

body2022
ORDER : 1. This Writ Petition is filed questioning the action of respondents in opening the rowdy sheet against the petitioners by overruling the Police Order, Order No. 601 and the Hon’ble Apex Court and High Court guidelines, as illegal and arbitrary. 2. Sri Vinod Kethepally, learned counsel for the petitioners, submits that basing on a crime registered in the year 2017 i.e. Crime No. 145 of 2017 for the offences under Sections 307 and 120(B) read with 34 IPC, the respondent police have opened the rowdy sheet. He submits that in the said case entire investigation is completed and charge sheet is also filed, which is numbered as S.C. No. 521 of 2018 before the Assistant Sessions Judge at L.B. Nagar, Ranga Reddy District, and the petitioners were acquitted vide judgment dated 17.09.2021. Thereafter no cases were registered against the petitioners. Learned counsel submits that a counter-affidavit has been filed by the respondents and in the entire counter-affidavit, there is no whisper about any other cases registered against the petitioners or petitioners are involved in any other activities, which made the respondents to continue the rowdy sheet. He submits that as rowdy sheet is obtained and continued in force, the respondents are constantly calling the petitioners to the police station. It is nothing but interfering with the petitioners’ right to life and liberty. 3. A counter affidavit-has been filed on behalf of the respondents, extracting the provisions under the Police Manual and Orders, they have not stated any reason why they are continuing the rowdy sheet against the petitioners basing on one solitary case. It is stated that if the rowdy sheets are closed, the petitioners may repeat the offences, as such continuing the rowdy sheet is essential. 4. The petitioners have come up before this Court seeking a direction to the police to close the rowdy sheet opened against them. Opening of a rowdy sheet is governed by Standing Order 601 of the A.P. Police Manual, Part I which reads as under: “601. The following persons may be classified as rowdies and Rowdy Sheets (Form 80) may be opened for them under the orders of the SP/DCP and ACP/SDPO. (A) Person who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbance to public order and security. The following persons may be classified as rowdies and Rowdy Sheets (Form 80) may be opened for them under the orders of the SP/DCP and ACP/SDPO. (A) Person who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace, disturbance to public order and security. (B) Persons bound over under Sections 106, 107, 108(1)(i) and 110(e) and (g) of Cr.P.C. (C) 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 A.P. Towns Nuisances Act. (D) Persons who habitually tease women and girls and pass indecent remarks. (E) 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. (F) Persons who incite and instigate communal/caste or political riots. (G) Persons detained under the “A.P. Prevention of Dangerous Activities of Bootlggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986” for a period of six months or more. (H) Persons who are convicted for offences under the Representatives of the Peoples’ Act for rigging and carrying away ballot paper, boxes and other polling material.” Retention of history sheets of suspects/rowdies is governed by Standing Order 602 which reads a under: 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 gazette 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 five 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/CPI of the considered view 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 742 reads as under: 1. The following persons may be classified as rowdies and Rowdy Sheets (Form 88) may be opened for them under the order of the Superintendent of Police or Sub-Divisional Officer: (a) Persons who habitually commit, attempt to commit or abet the commission of offences involving a breach of the peace. (b) Persons bound over under Sections 106, 107, 108(c) and 110(1) of the Code of Criminal Procedure, 1973 (Act No. 2 of 1974). (c) Persons who have been convicted more than once in two consecutive years under Section 75 of the Madras City Police Act or under Section 75 of the Madras City Police Act or under Section 3, Clause 12 of the Towns Nuisances Act. (d) Persons who habitually tease women and girls by passing indecent remarks or otherwise. (e) In the case of rowdies residing in an area under one Police Station but are found to be frequently visiting the area under one or more other Police Stations their rowdy sheets can be maintained at all such policed stations (G.O.Ms. No. 656, Home (Police-D) Department dated 08.04.1971). 2. Instructions in Order 735 regarding discontinuance of History Sheets shall also apply to Rowdy Sheets.” Standing Order 601 of the A.P. Police Manual makes it clear that the rowdy sheet can be maintained against the persons, who habitually commit, attempt to commit or abet the commission of offences involving breach of peace, disturbance to public order and security and the condition precedent for opening a rowdy sheet is that the police must necessarily believe that the petitioner is a habitual offender and there should be a reasonable belief that there are crimes existing as per the orders and once rowdy sheet is opened, they can maintain the same 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. Further, if the person is not figured as accused in the previous five years, after the last case in which he is involved, it should not preclude the police from continuing the history sheet if they are of the opinion that his activities are prejudicial to the maintenance of public order or one affecting peace and tranquillity. Further, if the person is not figured as accused in the previous five years, after the last case in which he is involved, it should not preclude the police from continuing the history sheet if they are of the opinion that his activities are prejudicial to the maintenance of public order or one affecting peace and tranquillity. Now, as per Standing Order 742, if they have to continue the rowdy sheet, it has to be reviewed and if they reasonably believe that continuation of history sheet/rowdy sheet is required, they have the power to do so, but in majority of cases, once a rowdy sheet is opened, the respondents without reviewing it, continuing it for years together. 5. This Court in K. Suresh Babu vs. Superintendent of Police, Anantapur District, 2015 (6) ALT 556 following the earlier decisions in Kamma Bapuji vs. Station House Officer, Brahmasamudram, 1997 (6) ALD 583 and Puttagunta Pasi vs. Commissioner of Police, Vijayawada, 1998 (3) ALT 55 (DB) had held that opening of a rowdy sheet in the name of the petitioner on the basis of his involvement in a solitary criminal case was not sufficient to term him a ‘habitual offender’ under Clause (A) of Order 601. 6. The admitted facts are that a crime is registered in the year 2017 and basing on that rowdy sheet is opened against the petitioners. Thereafter, no crimes are registered and nothing has been stated in the counter-affidavit, what is the basis to open the rowdy sheet and to continue the same without there being any crime registered thereafter. In view of the law laid down by the Hon’ble Apex Court and this Court, it is apparent that the respondents failed to follow the Police Manual and in a mechanical manner, they are continuing the rowdy sheet without any basis. 7. Accordingly, the Writ Petition is allowed and the respondents are directed to close the rowdy sheets of the petitioners within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 8. Miscellaneous Applications, pending if any, shall stand closed.