The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.8822 of 2009 Dated 6th June, 2011 Between: Bandi Dargaiah @ Durga Prasad …Petitioner and 1.The Station House Officer, Rayaparthi Police Station, Warangal District and another. …Respondents Counsel for the petitioner: None appeared Counsel for the respondent: AGP for Home The Court made the following: Order: This Writ Petition is filed for a Mandamus to declare the action of the respondents, in opening rowdy sheet against the petitioner in respondent No.1- Police Station, as illegal and in violation of the petitioner’s right to life and personal liberty. At the hearing, there is no representation for the petitioner. I have perused the entire material available on record and heard the learned Assistant Government Pleader for Home representing the respondents. In his affidavit, the petitioner has stated that he is working as a journalist in a fortnightly magazine called ‘Poru Telangana’; that a case was registered against him in Crime No.99/05 of Rayaparthi Police Station, Warangal District, for alleged offences under Sections 342, 186 and 506 IPC; that the charges levelled against him are very vague and general and; that in the year 2006, rowdy sheet was opened against him on the basis of Crime No.99/05. The petitioner has pleaded that opening of rowdy sheet against him is in violation of his right to freedom and personal liberty guaranteed under Article 21 of the Constitution of India. Respondent No.1 has filed a counter-affidavit wherein it is inter alia stated that the following cases are pending against the petitioner: (i) Crime No.99/2005 in C.C.No.29/08 under Sections.342, 186 & 506 IPC in the limits of P.S.Rayaparthi and the same is pending trial. (ii) Crime No.136/05 under Section 108 Cr.P.C., in the limits of P.S.Mathwada of Warangal District. The petitioner was bound over before the Mandal Revenue Officer, Warangal, for keeping good behaviour for a period of six months. (iii) Crime No.259/07 in C.C.No.849 of 2007 under Sections 353, 323 & 506 IPC of P.S., Subedari of Warangal District. The same is pending trial. (iv) Crime No.55/08 under Sections 41 (1) and 110 (e) Cr.P.C., in the limits of P.S.Rayaparthi. The petitioner was bound over before the Mandal Revenue Officer, Rayaparthi, for keeping good behaviour for a period of six months. It is also averred that the petitioner is a sympathiser of Left Wing Extremists and as such, he was bound over before the Mandal Revenue Officer of Warangal district, on 07-05-2005 vide Crime No.136 of 2005 under Section 108 Cr.P.C. It is further stated that the petitioner is a resident of Perikedu Village of Rayaparthi Mandal, and is a trouble monger in the village and is involved in antisocial activists. It is further averred that in order to maintain law and order, peace and tranquillity in the village in particular and in the Mandal in general, a rowdy sheet was opened against the petitioner on 23-01-2006. No reply-affidavit is filed by the petitioner controverting the averments contained in the counter- affidavit. From the uncontroverted averments made in the counter-affidavit referred to above, it cannot be said that opening of rowdy sheet against the petitioner is unwarranted. Under Standing Order No.601 of the A.P.Police Manual, 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. Persons 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) (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. Rowdy sheets for the rowdies residing in one Police Station but are found frequenting the other PSs area, can be maintained at all such Police Stations. F. 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. G. Persons who incite and instigate communal/caste or political riots. H. Persons detained under the “AP Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986” for a period of 6 months or more. I.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. In my opinion, the facts of this case squarely attract clause (A) the Police Standing Order referred to above and there is no warrant for interference with the decision of the respondents in opening rowdy sheet against the petitioner. The Writ Petition is, therefore, dismissed. However, if the petitioner is acquitted of the pending criminal cases and if he is not involved in commission of any fresh offence, the respondents shall review the petitioner’s case. ______________________ (C.V.Nagarjuna Reddy, J) Dated 6th June, 2011 lur