'Tainted Since Inception': Andhra Pradesh High Court Holds Opening Of Rowdy Sheet Invalid In Absence Of Evidence Of Threat To Public Peace

For reference, as per Police Standing Order (PSO) 736 of the Andhra Pradesh Police Manual, a rowdy sheet can be maintained against persons who habitually commit, attempt to commit or abet the commission of offences involving a breach of peace, disturbance to public order and security.

The police may also open history sheets for suspects. Suspects are those persons who are convicted under any section of the Indian Penal Code and who are considered likely to commit again. Persons who are not convicted but are believed to be addicted to crime are also treated as suspects. Ideally, such a history sheet should only be opened for persons who are likely to become habitual criminals.

While allowing a writ petition challenging the opening and continuation of a rowdy sheet against the petitioner, Justice Tarlada Rajasekhara Rao referred to the dictum of the Supreme Court in Kharak Singh v Union of India (1963) and held,

“…it is asserted that C.C.No.1793 of 2022 is pending for trial on the file Judicial Magistrate First Class Kalyandurgam for offences punishable under Sections 448, 324, 506 r/w 34 IPC. As per the A.P. Police Manual and also the principle laid down in the aforesaid judgments, it was not established no assertion that the writ petitioner's activities are prejudicial to the maintenance of public order or affecting peace and tranquility in the area with the reasoning. The opening of the rowdy sheet in the name of the petitioner therein was therefore tainted in law in its very inception.

Facts:

FIR against Petitioner was filed alleging commission of offences under Sections 448, 324, 506 r/w 34 of IPC. While the chargesheet was filed and the same was pending trial, the Deputy Superintendent of Police ordered for a rowdy sheet to be opened against the petitioner.

Petitioner submitted that the opening of the rowdy sheet was without application of mind, curtailed his fundamental right under Article 21 and also tarnished his name in the society, which further led to mental harassment. It was alleged that the action was in transgression to the PSO 742, which could only be invoked if the acts of the petitioner were prejudicial to maintenance of law and order.

On the contrary, the respondents relied on PSO 601 whereby, activities prejudicial to the maintenance of public order or affecting peace and tranquility in an area, or victims not coming forward to give a complaint against a suspected person on account of threat from him— is a ground to open a rowdy sheet against the suspect person.

Thus, the Court was to determine whether the opening of the rowdy sheet against the petitioner was justifiable.

Court's Findings:

At the outset, the Court referred to the judgment of the Supreme Court in Kharak Singh, where a rowdy sheet was opened against the petitioner who was repeatedly tortured by the police who kept visiting his house under the guise of surveillance. It was held in this case that surveillance amounts to deprivation of a person's freedom under Article 19(1)(d) and subsequently bars him from moving freely.

The Court also made reference to the case of Udathu Suresh Vs The State OF AP Rep [W.P.No.3568 of 2022], where the legal validity of Chapter 37 of the A.P. Police Manual, which serves as the foundation for the creation of rowdy-sheets, suspect-sheets, and history-sheets, was brought into question. The Andhra Pradesh High Court had relied on the ruling in Justice K.S. Puttaswamy v. Union of India [(2017) 10 SCC 1] to conclude that the said Chapter was void and that in a single criminal case, the police cannot open the rowdy sheet against the petitioner if the trial is pending.

In conclusion, it was noted that opening and continuation of the rowdy sheet was unjustified. The Court accordingly allowed the writ petition and subsequently set aside the rowdy sheet opened by the police.

Case Number: W.P.No. 7369 OF 2025

Case Title: Gonabavi Jani v. The State Of Andhra Pradesh and Others

Date: 09.05.2025

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