Allowed

Syed Farahan Ali @ Syed Ghouse Ali v. The State of Telangana

Telangana HC15 Mar 2024WP/29568/2023

Case brief

AI extract

What is this about?

This writ petition challenged the continuation of a rowdy sheet against the petitioner after his acquittal in all pending criminal cases. The High Court held that maintaining a rowdy sheet without pending cases or evidence of habitual offenses is improper under the A.P. Police Manual. The petition was allowed, directing the police to close the rowdy sheet immediately.

What did the court decide?

Petitioner directed to close the rowdy sheet opened against the petitioner.

Syed Farahan Ali @ Syed Ghouse Ali Vs The… — Civil Procedure and Limitation | Telangana HC (2024)

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[^32e6 ]

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HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD} (Special Original Jurisdiction)

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FRIDAY, THE FIFTEENTH DAY OF^I,,IARCH TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE C,V. BHASKAR^REDDY

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WRIT PETITIO N NO: 29568 OF 2023

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Between:

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Syed Farahan Ali @ Syed Ghouse^{Ali, S/o. Syed Khader Ali} @^{Ashraf Ali,} a[ed about 30 yeais, Occ. Business, R/o.^H.No.2-18711 ,^Balapur Pbhadishareef, K.V. Ranga Reddy District^- 500005.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal^{Secretary to Home Department,} Secretraiate, Hyderabad.

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2 The Commissioner of Police, Rachakonda, Rachakonda^{Commissionerate at} L.B.Nagar, Ranga Reddy District.

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3 The Deputy Commissioner of Police,^{Rachakonda,Rachakonda} Commissionerate at L.B.Nagar, Ranga^{Reddy District.}

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4 The Assistant Commissioner of Police, Vanasthalipura,^{Ranga Reddy District.}

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5 The Station House Officer, Pahadishareef^{PoliceStation, RangaReddy} District.

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6 The Station House Officer, S.O.T. Saroornagar^{Police Station, Ranga Reddy} District.

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..RESPONDENTS

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Petition under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit filed^therewith, the^{High Court maybe} pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the^{respondents in calling the petitioner} to the police station in confining the^{petitionerin the polrce station and monitoring} the petitioner movements under the^guise of^{Rowdy sheet evenafter the} petitioner was acquitted in all criminal cases as illegal, arbitrary,^{u ncon} stitutiona^l, unwaranted and contrary to the^police standing order^{apart from violating Article} 19 and 21 of Constitution of lndia and consequently^{directthe respondents close}

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the Rowdy Sheet agarnst the petitioner and not to harass the ltetitioner in any manner_

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lA NO: 1 OF 2023

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Petition under Section 15'1 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondents 2 to 6 and their subordrnates not to call the petitioner and harass the petitioner under the guise of Rowdy Sheet and for enquiry pending disposal of writ petition pending disposal of the above wflt petition.

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Counsel for the Petitioner: SRI MOHD AKHLAQ MIYA

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Counsel for the Respondents: AGP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE C.V.BIIASKAR REDDY WRIT PETITION No.29568 of 2o23

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ORDER:

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This writ petition is filed seeking the following reliet-

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"...to issue a writ or order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in calling the^petitioner to the^police station in conhning the petitioner in the^police siation and monitoring the petitioner movements under the^guise of Rowdy sheet even after the petitioner was acquitted in all criminal cases as illegal, arbitrary, unconstitutional, unwarranted and contrary to the police standing order^apart from violating Articles 19 and 21 of Constitution of India and consequently direct the respondents close the Rowdy Sheet against the petitioner and not to harass^the petitioner in any manner..."

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The case of the petitioner is that in view of registration of four crimes a rowdy sheet/ surveillance sheet was opened against him. The particulars of the cases registered against^are as under:-

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sl. No-	CrimeNo Station &Police	C.C. /S.C.No	Remarks
1	Cr.No.97 of 2012, underSections3O2 and 201readwith34 ofIPC	S.C.No.717of2012	Acquittedon 12.O2.2015
2	CrimeNo.366of2011, underSections452, 324,5O9,506and427 readwith34 ofIPC	C.C.No.409of20I1	Acquitted 28.08_2013 on

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CVBR, J Wp_29568_2023

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3	Crime No.280of2015. underSection324read with34 ofIPC	C.CNo.42l of2015	Acquitted 08.o3.2017	on
4	CrimeNo.32Iof2017, underSection 25(1)(B) oftheArms Act	C.C.No.389of2O17	Acquitted 22.07.2022	on

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It is further stated that as on date no criminal cases are pending against him in any police station. The main grievance of the petitioner is that even though there are no criminal cases pending against him, the respondents with a mala fide intention are continuing the rowdy sheet and due to surveillance, he is facing much inconvenience and hardship to lead a respectable and dignified Iife in the society.

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A counter affidavit has been filed respondent No.4 stating that two cases i.e., P.R.C.No.26 of 2Ol2 ansing out of Crime No.97 of 2012 and C.C.No.289 of 2Ol7 arising out of Crime No.389 of 2017 are pending against the petitioner as on date. It is also stated that basing on the instructions issued by the Assistant Commissioner of Police, Vanasthalipuram Division, rowdy sheet has been opened against the petitioner on the hle of Pahadishareef Police Station uide C.No.744l ACp/SBAD/ CYB /20 13, dated 22.06.20 1 3 and the same is being maintained and it is to be continued upto 31.12.2024. It is further stated that as on date, two cases are pending against the petitioner

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CVBR, J Wp_29568_2023

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and to curb and curtail the unlawful activities of the petitioner, a rowdy sheet was opened against him to watch his movements from time to time in the public interest as per Standing Order No.601 of A.P. Police Manual. Reference has been made to the Circular No.2172 / Cl3l SCRB/CID /TS/22 dated 22.07.2022 issued by the Director General of Poiice, Hyderabad, which prescribes the procedure for opening the rowdy sheets against the habitual offenders.

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A reply affidavit filed has been filed by the petitioner stating that P.R.C.No.26 of 2072 was committed to the Sessions Court, which was numbered as S.C.No.717 of 2Ol2 and he was acquitted uzde^judgment, dated 72.02.2015. Insofar as the other case is concerned, the petitioner was acquitted uide judgment, dated 22.07.2022 and he annexed the judgment copies along with the writ petition.

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Learned counsel for the petitioner has submitted that 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 othersl and

'^{AIR l96i sc1295}

CVBR,^J Wp-29568-2023

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,'-./

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Vijay Narain^{Singhv.State of Bihar2,in which, the Apex} Court held^{that opening of rowdy sheetand continuing the same} without aly^{valid reason would not characterizea person that} he is habitually^{involving in commission of offences'}

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Learned counsel for^{the petitioner further relied on the} judgments in Sunkara Satyanarayana^{v'State ofAndhra} Pradesh^3; B.^{SatyanarayanaReddy v'State ofAndhra} Pradesha; Majid^{Babu v. Governmentof Andhra Pradeshs;} Kamma Bapuji v'^{StationHouse Officer,Brahmasamudtam6'} He has further^{relied on the judgment in PuttaguntaPasi v'} Commissioner of^{Police, VijayawadaT,in which, the Division} Bench has specihcally^{observed that a rowdy sheet could not be} opened agalnst^{an individualin acasual and mechanical} manner and^{duecareand caution shouldbe takenby the police} before characterizing^{a personas a rowdy'}

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7 . Learned counsel for^{the petitioner has placed much} reliance on^{the judgment in YerramsettiVenugopal Rao v'} State of Andhra^{Pradesh and otherss, in which, the learned}

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'^{AIR1984sc t 314}

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'^{2ooo(l) ALD (crt.)I 17 (AP)}

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o 2oo4(l) ALD (c.1.) 387 (AP)

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'^{tg8l(z)aLt go+}

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6 r 997(6) ALD 583

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'^{tssa(:) .AI-rss (og)}

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E 2o2o(2) ALD (.CIr.) lo43 (AP)

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CVBR, 'l Wp_29568_2023

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Single Judge of High Court of Andhra Pradesh while referring to the Standing Orders of A.P. Police Manual arrd the principles laid down in the catena of judgments held that history sheet of a rowdy can be continued [i) if the activities are prejudicial to the maintenance of public order or affecting peace and tranquility in the area; ii) the victims are not coming forward to give complaint against him on account of threat from him.

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It is apt to refer to the relevant Standing Orders of A.p. Police Manual

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Maintenance of rowdy sheets is governed by .Standing Order No.6Ol of A.P. Police Manual, Part-I, Volume II, which reads as under:

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"60 1 . The foUowing persons mag be cLasstJied as rourJies and Rowdg Sheets (Form 8O) mag be opened for them under the orders of the SP/ DCP and ACP/ SDPO.

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A. Persons who habitually commit, qttempt to commit or qbet the commission of offences inuolutng a breach of the peace, disturbance to public order and securttA.

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B- Persons bound ouer under Section_s 106, lOZ, IOB(1) (i) ond. 1 10(e) and (g) of Cr.P.C.

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C. Persons who hque been conutcted nlDre than once in tu)o consecutiue gears under secttons 59 ond Z0 of the Hgderabod CiA Police Act or under section 3, clause 12, of the AP Totuns lvuisances Acl.

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CVBR, J Wp_29568_2023

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D Persons uho habituallg teqse women and girls ond p e-s s inde ce nt re mqr ks.

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F. Persons who inttmiclate bg thrcats or use of pllAstcat uioLence or other unlaLDf means to port Luith mouob\e or immouable properties or in the habit of co\ecttng moneg bg extortion from shopkeepers, traderc and otller resid.ents.

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G. Persons who incite and in^stigate communaL/ cast(r or politicaL rtots .

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H. Persons detoined. under the "AP Prcuention of Dangerous Acttuittes of Bootleggers, Dacotts, Drug OfJenders, Goondas, lmmoral Trafftc OfJenders and Land-Grttbbers Act, 1986" for a period of 6 months or more,

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I. Persons tuho qre conutcted for offences under the Representatiues of the Peoples' Act for ngging {Lnd carrying autag baLlot paper, Boxes and other

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polling mateial"'

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The period of retention of history sheets of

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suspects/rowdies is governed by Standing Order No.6O2 of A.p. Police Manual and the sarne reads as follows:

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"6O2-1. History Sheets of susi:ects sh<tlt be marntained from^{the date of regi-stratton} up to the end of Decenrber, after u-)hich the orders of a gozetted offlcer qs to their discontinuance or retention for a further period shall be obtained.

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Mere\g becctuse a suspect/ roudy, hauing a history sheet, is not ftguing os occused in the preuious S gears after the last ccse tn which he was [nuolued, iL shoukl not

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CV8R, J Wp_29568_2023

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,/t'

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preclude the SP/DCp/Cp to continue his hi_storg sheet if SP/DCP/CP i-s of the considered uieu that his actiuities are prejud.icial to the maintenance of public order or one affecting peace and trqnquiltitA in the area or the uictims are not coming fonLard to giue complatnt against him on account of threat from him."

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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:

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"742. Rotudtes: (1) The foltoutng persons mag be classifted qs rowdies and Rowdy Sheets (Form gg) mag be opened for them under the ord_er of the Superintendent of Police or Sub dtuisional Offcer:

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(a) person-s u.tho habttualtg commit, ottempt to commit or abet the commisston of, offences inuolutng a breach of the peace;

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(b) persons bound ouer under Sections jO6, lOZ, 1O8(c) and 11O(1) of the Code of Cimtnal procedure, 1973 (Act No.2 of 1974);

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(c) persons who haue been conuicted more than once in hDo consecutiue gears und.er Section 75 of thc Madras Citg Polbe Act or under Section 3, clause 12, of the Toums Nui-sances Act;

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(d) persons who habitually tease u)omen and gtrts bA possing indecent remarks or othenuise; and.

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(e) in the case of rowdies.residing in on area under one Police Station but are Jound to be frequentlg uistting the area under one or more other police Stations thetr roudg sheets con be maintained. at all such Police Stations;

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CVBR, J Wp_29568_2023

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(G.O. Ms. No.656, Homc (PoLice D) Dept. Dt.8-4-1971)

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(2) Instructions in Order 735 regarding dtscontinuqncc of History Sheets shcll also appty to Rowdy Sheets. "

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In the present case, there are no cases pending against the petitioner as on date to maintain the rowdy sheer or to keep surveillance on the activities of the petitioner in alty manner. However, it is not the case of the respondents that the petitioner is a habitual offender and there is every possibility of threat to the public at large. Further, the respondents have not grven any specific instance of the petitioncr's involvement in the commission of offence subsequent to the acquittal of the criminal cases registered against him.

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In vieq, of the above and inasmuch as in 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 respondents police in maintaining the rowdy sheet against the petitioner even though no case is pending against him cannot be said to be proper.

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Therefore, the respondents-police are directed to close the rowdy sheet opened against the petitioner. It is needless to observe that if the petitioner involves in any crime in future and

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if there is any sufflcient material to establish that his movements are required to be prevented, the respondents-police are at liberty to take action against him strictly in accordance with the Standing Orders of A.P. Police Manual.

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Accordingly, this Writ Petition is a-llowed. No costs

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Miscellaneous applications, if any pending, shall stand closed.

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SD/. P. PADMANABHA^REDDY ASSISTANT REGISTRAR r"t ,r' ,TRUE COPY// V

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SECTION OFFICER

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To,

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1 ThePrincipalsecretarytoHomeDepartment,secretraiate'Hyderabad'State of Telangana.

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2 The Commissioner^{of Police, Rachakonda, Rachakonda Commissionerate at} L.B.Nagar, Ranga^{ReddY District.}

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3 The Deoutv Commissioner^{ofPolice,Rachakonda} ' Rachakonda iommiisibnrjrate at^{L.B.Nagar, Ranga Reddy District}

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The Assistant commissioner^{of Police, vanasthalipura, Ranga Reddy District'vanasthalipura, Ranga Reddy District'Ranga Reddy District'}

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4 The Assistant commissioner^{of Police, vanasthalipura, Ranga Reddy District'vanasthalipura, Ranga Reddy District'Ranga Reddy District'} 5. The Station^House Officer, Pahadishareef^{Police Station'RangaReddy} District.

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