Gaggera Pullayya @ Bestha Pullaiah vs The State Of Andhra Pradesh on 8 April, 2026

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    Andhra Pradesh High Court – Amravati

    Gaggera Pullayya @ Bestha Pullaiah vs The State Of Andhra Pradesh on 8 April, 2026

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    APHC010390102025
                        IN THE HIGH COURT OF ANDHRA PRADESH
                                      AT AMARAVATI                   [3521]
                               (Special Original Jurisdiction)
    
                       WEDNESDAY,THE EIGHTH DAY OF APRIL
                         TWO THOUSAND AND TWENTY SIX
                                   PRESENT
              THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
                          WRIT PETITION NO: 20088/2025
    Between:
      1. GAGGERA PULLAYYA @ BESTHA PULLAIAH, S/O G. BALA
         GURRAPPA AGED ABOUT 51 YEARS, OCC. AGRICULTURALIST R/O
         R. JAMBULADINNE VILLAGE, UYYALAWADA MANDAL NANDYAL
         DISTRICT.
      2. CHENNAMSETTI BASKAR,, S/O C. GURAPPA AGED ABOUT 45
         YEARS,  OCC.   AGRICULTURALIST   R/O  JAMBULADINNE,
         UYYALAWADA MANDAL NANDYAL DISTRICT.
                                                           ...PETITIONER(S)
                                     AND
      1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
         PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT
         BUILDINGS AT VELAGAPUDI. AMARAVATI, GUNTUR DISTRICT.
      2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS
         AT MANGALAGIRI, GUNTUR DISTRICT.
      3. THE SUPERINTENDENT OF POLICE, NANDYAL DISTRICT.
      4. THE SUBDIVISIONAL POLICE OFFICER, ALLAGADA SUB-DIVISION,
         NANDYAL DISTRICT.
      5. THE STATION HOUSE OFFICER, UYYALAWADA POLICE STATION,
         NANDYAL DISTRICT.
                                                         ...RESPONDENT(S):

    2

    Counsel for the Petitioner(S):

    SPONSORED

    1. RAMALAKSHMANA REDDY SANEPALLI
    Counsel for the Respondent(S):

    1. GP FOR HOME
    The Court made the following ORDER:

    The Writ Petition has been filed for the following relief:

    “…to issue a writ or order direction more particularly one in the nature of
    writ of mandamus declaring the high-handed action of the respondents
    in opening and continuing the impugned Rowdy Sheet against the
    petitioner’s on the file of Respondent No.5 Uyyalawada Police Station,
    Allagadda Rural, Nandyal District, Vide Rowdy Sheet No.143 against the
    petitioner’s, as highly illegal, arbitrary, unjust and violative of principles of
    natural justice, rule of law and against Article 14 and against the true
    letter and spirit of Right to Privacy contemplated under Article 21 of the
    Constitution of India and consequentially direct the respondents herein
    to close the Suspect Sheet against the petitioner’s vide Rowdy Sheet
    No.143 on the file of Respondent No.5 Uyyalawada Police Station,
    Allagadda Rural, Nandyal District and to pass…”

    2. Heard the learned counsel for the Petitioners and the learned Assistant

    Government Pleader.

    3. Mr. Ramalakshmana Reddy Sanepalli, learned counsel for the

    petitioners, submits that respondent police opened a rowdy sheet, without

    following Police Standing Orders of the Andhra Pradesh Police Manual, and

    that the rowdy sheet is still continuing, which is violative of Articles 14 and 21

    of the Constitution of India. He, therefore, urged to set aside the impugned

    proceedings issued by the respondent No.4. The Respondent No.4 has filed

    counter in this case.

    4. Sri P. Ajay Babu, learned Assistant Government Pleader appearing for

    the respondents, submits that a case in Crime No.25 of 2013 for the offence

    punishable under Section 147, 148, 324, 307, 509 read with 34 of „the Indian
    3

    Penal Code, 1860 (for brevity „the I.P.C‟) was registered by the Station House

    Officer, Uyyalawada Police Station, Nandyal District, against the petitioner.

    The present Writ Petitioners are Accused Nos.3 and 4. Later on 02.07.2015

    the petitioners were acquitted by the learned III Additional District and

    Sessions Judge, Nandyala, vide S.C.No.402 of 2014. It is further submitted

    that, in order to curb and curtail the unlawful activities of the petitioners in the

    vicinity of Uyyalawada Police Station, the Station House Officer, Uyyalawada

    Police Station, opened rowdy sheet against the petitioners after obtaining

    permission from the Assistant Commissioner of Police, Allagadda Sub-

    Division, Nandyal District/respondent No.4, vide proceedings in

    C.No.03/SDPO-NDL/2017 dated 04.02.2017.

    5. As per Andhra Pradesh Police Manual Order No.601 the following

    persons should be classified as rowdies and rowdy sheets shall be opened for

    them under the order of the Superintendent of Police/SDPO.

    i. Persons, who habitually commit, attempt to commit or abet
    the commission of offences involving a breach of the peace,
    disturbances to public order and security.

    ii. Persons bound over under sections 106, 107, 108(1) and
    110(e) and (g) of Cr.P.C.

    iii. 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 AP Town
    Nuisances Act.

    iv. Persons who habitually tease women and girls and pass
    indecent remarks including offences U/sec. 354-A, B C and
    354D IPC.

    V. Persons who have been charge sheeted under the offence of
    Rape (376, 376, A,C D.E).

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    vi. Persons who have been charge sheeted under the offences
    of POCSO Act, 2012 and Acid Attacks (326A and 326B of IPC)
    vii. Rowdy sheets for the rowdies residing one police station
    area but found frequenting the other Police Stations area, can
    be maintained at all such police stations.

    viii. 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
    including “loan sharks”.

    ix. Persons who incite, instigate and participate in
    communal/caste or political riots.

    x. 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.

    xi. Persons on whom charge sheets filed under the offence of
    assault on public servants, under Arms Act and such other
    offences punishable with imprisonment of 2 years or more.
    xii Persons on who charge sheets filed under the offence of
    murder and attempt to murder (302 and 307 IPC)
    xiii. Persons on whom charge sheets filed under the offence of
    chain snatching.

    xiv. Persons who are convicted under the Representation of
    People Act
    , 1951for rigging, carrying away, damaging ballot
    paper, boxes and polling material.

    6. On careful perusal of the Standing Orders, the respondent cannot open

    or continue a rowdy sheet/suspect sheet against the petitioners, inasmuch as

    the petitioners do not fit into any of the conditions enumerated in the said

    Standing Orders. The petitioners have not committed any offence mentioned

    in the Standing Orders.

    7. As seen from the record, the petitioners were earlier involved in the

    commission of offences punishable under Sections 147, 148, 324, 307, and
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    509 read with Section 149 of the Indian Penal Code (for brevity, “the I.P.C.”) in

    Crime No.25 of 2013 of Uyyalawada Police Station. After thorough

    investigation, a charge sheet was filed. Subsequently, the petitioners were

    acquitted on 02.07.2015 by the learned III Additional District Judge, Nandyal,

    in S.C.No.412 of 2014. Thereafter, a rowdy sheet was opened against the

    petitioners on 04.02.2017, i.e., subsequent to the Acquittal. Ever since

    04.02.2017, no adverse antecedents have been reported against the

    petitioners indicating involvement in the commission of any offences

    enumerated under the conditions mentioned in Standing Orders 601 and 602

    of the A.P. Police Standing Orders. Therefore, the continuation of the rowdy

    sheet against the petitioners proceedings in C.No.03/SDPO-NDL/2017 dated

    04.02.2017 is arbitrary, illegal, and unconstitutional.

    8. In pari materia, this Court in Tadiboyina Peraiah @ Mahesh v. State of

    A.P1 held that when no crimes are pending against a person and no material

    is produced to demonstrate threat to public peace, continuation of a rowdy

    sheet under Standing Order No. 601 or 602(2) of the A.P. Police Standing

    Orders is impermissible.

    9. Similarly, in Sunkara Satyanarayana v. State of Andhra Pradesh2, a

    Coordinate Bench categorically observed that rowdy sheet cannot be opened

    in a casual or mechanical manner. Mere dubbing of an individual as a habitual

    offender is insufficient. The Police must exercise due care and caution before

    1
    2021 (2) ALT (Crl.) 161
    2
    2000(1) ALD (Crl.) 117 (AP)
    6

    branding a person as a rowdy, and the essential consideration is whether the

    acts of such person have a tendency to disturb public peace and tranquility.

    10. A careful reading of these precedents clearly indicates that the creation

    or continuation of rowdy sheet requires strict adherence to procedural

    safeguards and regular review by the statutorily designated authorities. The

    Respondents are duty-bound to examine whether the alleged misconduct

    genuinely affects public peace. In the present case, the Petitioners were

    acquitted in Crime No.25 of 2013 on 02.07.2015. In such circumstances, the

    continuation of the impugned rowdy sheet amounts to an arbitrary exercise of

    power and constitutes an abuse of process.

    11. For the foregoing reasons, the Writ Petition is allowed, declaring that the

    continuation of the impugned rowdy sheet against the petitioners is illegal. The

    respondent authorities are directed to forthwith close the said rowdy sheet

    opened against the petitioners. However, it is open to the police concerned to

    invoke appropriate proceedings against the petitioners if they indulges in any

    offences which warrant opening of any sheet, such as a rowdy sheet, suspect

    sheet, or history sheet.

    12. In the result, the Writ Petition is allowed. There shall be no order as to

    costs.

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

    ________________________
    Dr.Y. LAKSHMANA RAO, J
    Date: 08.04.2026
    SSA
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    233
    THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO

    WRIT PETITION NO: 20088 of 2025

    Date: 08.04.2026
    SSA



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