IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY MONDAY, THE TWENTY THIRD DAY OF AUGUST, TWO THOUSAND TEN WRIT PETITION No.15557 of 2010 Between: Gondi Nageswara Rao. … Petitioner And The Commissioner of Police, Vijayawada, Krishna District and others. … Respondents Counsel for the petitioner: Sri K.Suresh Reddy. Counsel for the respondents: AGP for Home. This 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, as illegal and arbitrary. I have heard Sri K.Suresh Reddy, learned counsel for the petitioner, and the learned Assistant Government Pleader for Home, appearing for the respondents. The petitioner claimed to be self-employed running a small hotel, by name, Durga Vilas, at Pamarru town, Krishna District. Crime No.590 of 2009 on the file of respondent No.3 was registered for the offence under Section 365 IPC on the report lodged by one Venkata Lakshmi against B.Mohan Srinivas and others, in which the petitioner figured as accused No.3. According to the petitioner, he was falsely implicated in the said case; and that taking the said case as the basis, a rowdy sheet was opened against him. The petitioner pleaded that except the stray criminal case as above, he was not involved in any other criminal case and that, therefore, there is no justification whatsoever for opening a rowdy sheet against him. Though time was taken on two occasions, no counter-affidavit has been filed. The allegations contained in the affidavit have thus remained uncontroverted. While Article 21 of the Constitution of India guarantees life and personal liberty of persons, opening of a rowdy sheet not only brings disrepute to the dignity and honour of an individual, but it seriously affects his personal liberty. Therefore, circumspection is required to be observed before a rowdy sheet is opened against any person. In Puttagunta Pasi vs. Commissioner of Police[1], a Division Bench of this Court relied upon a judgment of the Supreme Court reported in Dhanji Ram Sharma vs. Superintendent of Police, Delhi[2], wherein it was held as under: “A habitual offender or a person habitually addicted to crime is one who is a criminal by habit or by disposition formed by repetition of crimes. Reasonable belief of the police officer that the suspect is a habitual offender or is a person habitually addicted to crime is sufficient to justify action under Rr. 23.4 (3) (b) and 23.9 (2). Mere belief is not sufficient. The belief must be reasonable, it must be based on reasonable grounds. The suspect may or may not have been convicted of any crime. Even apart from any conviction, there may be reasonable grounds for believing that he is a habitual offender.” The Division Bench also relied on Kamma Bapuji and others vs. Station House Officer, Brahmasamudram and another[3] wherein a learned single Judge of this Court held that rowdy sheets cannot be opened against an individual in a casual and mechanical manner and that opening a rowdy sheet by merely dubbing a person as a habitual offender is not sufficient and that due care and caution shall be taken by the Police before characterizing a person as a rowdy. It was further held that the main element that is essential for opening the rowdy sheet is that the acts of an offender should have a tendency to disturb public peace and tranquility. A perusal of the report, on which the above mentioned criminal case has been registered, does not disclose involvement of the petitioner at all as no specific overt-acts are attributed to him. Assuming that the petitioner was involved in commission of an offence in FIR No.520 of 2009, opening of a rowdy sheet on the basis of an isolated incident cannot be sustained in law. For the above mentioned reasons, the Writ Petition is allowed. Respondents 2 and 3 are directed to close the rowdy sheet opened against the petitioner, forthwith. ----------------------------------------- C.V.NAGARJUNA REDDY,J Date:23-8-2010 MNR [1] 1998 (3) ALT 55 (D.B.) [2] AIR 1966 SC 1766 [3] 1997 (6) ALD 583 = 1998 (2) An.W.R. 55