WP/22503/2023 of SHAIK NAYAB RASOOL Vs THE STATE OF AP on 17 August 2026

ORDER:

1. This Writ Petition is filed to declare the action of the respondents in opening Rowdy Sheet under Chapter 37 of Andhra Pradesh Police Manual and Andhra Pradesh Police Standing Orders (hereinafter referred to as „Police Manual‟ and „Standing Orders‟) vide proceedings in C.No.160/Rowdy- SDOM/2021 dt.25.10.2021 as illegal and consequently direct the respondents to close the Rowdy Sheet opened against the petitioner.

2. Heard Sri Jeshtadi Sunil Kumar, learned counsel for the petitioner and learned Assistant Government Pleader for Home.

3. As per the version of the petitioner, respondent No.3 i.e., Sub-Divisional Police Officer, Markapur has opened rowdy sheet against him vide proceedings in C.No.160/Rowdy-SDOM/2021 dt.25.10.2021, opening and continuing rowdy sheet under Police Manual are nothing but violation of fundamental rights of the petitioner and the police does not have any power to curtail the movements of the petitioner and further, as per the judgment of this Court in Udathu Suresh vs State of Andhra Pradesh1 opening rowdy sheet as per the Police Manual is illegal and void and without considering the principles laid down by this Court, respondent No.3 opened rowdy sheet against the petitioner and cases registered against the petitioner in S.C No.57 of 2022 ended in acquittal vide judgment dated 26.02.2026.

4. Learned Assistant Government Pleader for Home filed counter stating that the petitioner involved in the aforementioned case and two other petty cases i.e., Petty Case No.288 of 2022 under Section 187 of M.V. Act and Petty Case No.537 of 203 under Section 290 IPC and was convicted in the 1 2022 SCC Online AP 1748 = MANU/AP/1100/2022

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petty cases and imposed fine of Rs.4,000/- and Rs.200/- respectively. Further, though the cases registered against the petitioner are ended in acquittal, rowdy sheet can be continued as per the Standing Order Nos.601 and 602. While arguing the matter, learned Assistant Government Pleader fairly submitted that in the judgment of this Court in Udathu Suresh (supra), it is held that opening rowdy sheet or suspect sheet or history sheet is not valid under law.

5. Without delving into the merits of the case on the ground of legality or validity of opening the said rowdy sheet invoking the provisions of Police Manual, this Court has gone through the judgment in Udathu Suresh (supra) and having considered the law laid down by the Hon‟ble Apex Court in K.S.Puttaswamy Vs Union of India2, held at para No.45 thus: “45. Hence, the Writ Petition No.3568 of 2022 is allowed declaring the Standing Orders of A.P. Police Manual / A.P. Police Standing Orders to the extent of opening/continuation of Rowdy Sheet, Suspect Sheet, History Sheet etc., and on that basis the surveillance of the individual (in terms of Chapter 37 of the above said Standing Orders) as void. All the other Writ Petitions are also allowed. All the rowdy sheets opened in this batch of Writ Petitions are directed to be closed immediately. The police cannot open or continue a rowdy sheet or collect data pertaining to a person without the sanction of “law”. Collection of personal data and its usage for prevention of crimes also can only be in accordance with a “law” which crosses the thresholds mentioned in the Constitution of India and the various judgments including K.S.Puttaswamy case (2 supra) since “privacy‟ is now a Fundamental Right as per Part-III of the Constitution of India. It is reiterated that the police cannot (under the existing orders) indulge in night visits; domiciliary visits to the houses of a suspect or accused. They cannot take or demand the photographs, fingerprints etc., except under the procedure established by a “law” and if the conditions laid down are satisfied. Accused or suspects cannot be summoned or called to the Police Station or anywhere else either during festivals/elections/weekends etc. They cannot be made to wait at the Police Stations for any reason or seek permission to leave the local jurisdiction.”

2 (2017) 10 SCC 1

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6. Admittedly, in this case also, as per Chapter 37 of Police Manual, rowdy sheet is opened against the petitioner vide proceedings No. C.No.160/Rowdy- SDOM/2021 dt.25.10.2021 and the said proceedings are questioned by the petitioner.

7. Therefore, in view of the common order dated 15.07.2022 passed by this Court in Udathu Suresh (supra) in W.P. No.3568 of 2022 and batch, this Writ Petition is allowed declaring the rowdy sheet opened against the petitioner vide proceedings No. C.No.160/Rowdy-SDOM/2021 dt.25.10.2021 as illegal and unconstitutional. Consequently, the rowdy sheet opened against the petitioner shall stands closed forthwith. Further, respondents shall not kept the petitioner on surveillance under the guise of the said rowdy sheet and he shall not call to the police station in connection with any such rowdy sheet which is now declared as illegal and closed. No order as to costs.

As a sequel thereto, pending miscellaneous petitions, if any, shall stand closed.

____________________ SUNITHA GANDHAM, J

18.08.2026 knl