Sub-Inspector Cannot Issue Notice For Opening Rowdy Sheet; Power Lies With SP Or SDPO: Karnataka High Court
The Court quashed a notice intimating the opening of a rowdy sheet against a man named in two criminal cases arising from civil disputes, and directed the State to issue a circular to all police stations.
The Karnataka High Court, Dharwad Bench has held that a Sub-Inspector of Police has no power or authority to issue a notice intimating the opening of a rowdy sheet. It held that a notice for opening a rowdy sheet, if any, can be issued only by an officer not below the rank of Superintendent of Police (SP), or a Sub-Divisional Police Officer (SDPO) authorised in accordance with law, in view of Clause (5) of Order No. 1059 of the Karnataka Police Manual.
The Court noted a considerable increase in Sub-Inspectors issuing notices threatening to open rowdy sheets against persons named in one or two criminal cases, mostly arising out of private family property or matrimonial disputes. It quashed the impugned notice and directed the State Government to issue necessary instructions to all police stations.
A Single Bench of Justice M.G.S. Kamal observed, “The officer who is empowered to open and maintain, history/rowdy sheet is Superior Police officer of the rank of Superintendent of police or Sub-divisional police. The jurisdictional Police Inspector or the officer in-charge of the police station shall with the prior orders of Superintendent of police or Sub-divisional Police Officer enter name of Rowdy in the Register of Rowdies. A Sub-Inspector or Police cannot on his own open a Rowdy sheet…”.
“…The said guidelines of issuance of notice has to be read along with guideline No. iii which is in consonance with the object, purport and rigour of Clause (5) of the Order No.1059 of the Karnataka Police Manual…The very fact, that this kind of notices are being issued runs contrary to the mandate of law, which bars opening a Rowdy Sheet without the prior orders of Superintendent of Police or the Sub-Divisional Police Officer, who is authorised by the Superintendent of Police. Therefore it goes without saying that even if a notice is required to be issued, such notice has to be issued by the Superintendent of Police or authorised the Sub Divisional of Police Officer or with his prior order. Such power cannot be exercised by an Officer below the rank of the Superintendent of Police or Sub-Divisional Police Officers”, the Bench said.
Advocate Kushal N.K. appeared for the petitioner and Prashanth V. Mogali, HCGP appeared for the respondent.
The petitioner, an agriculturist from Bagalkot, was named in two FIRs registered under various provisions of the Bharatiya Nyaya Sanhita, 2023. He contended that the cases arose out of pending civil suits. On June 10, 2026, the Sub-Inspector issued him a communication stating that a rowdy sheet would be opened against him under Order No. 1059 of the Manual.
The petitioner approached the High Court under Articles 226 and 227 of the Constitution of India, relying on the Coordinate Bench decision in B.S. Prakash v. the State of Karnataka Writ Petition No.4504/2021 along with connected matters dated 22.04.2022, contending that the communication was in effect an order opening a rowdy sheet. The State contended that it was only a notice, and that the petitioner ought to reply to the Sub-Inspector.
The Court found that the communication was not a show cause notice but an intimation that a rowdy sheet would indeed be opened. It noted that Clause (5) of Order No. 1059 mandates prior orders of the Superintendent of Police or Sub-Divisional Police Officer before any name is entered in the Register of Rowdies, and that a Sub-Inspector cannot on his own open a rowdy sheet. It held that the guideline in B.S. Prakash requiring a proposal notice was an additional safeguard against police excess, to be read with the guideline requiring the superior officer to call for records and record reasons. It observed that the guideline had been misread, with Sub-Inspectors issuing notices to anyone they thought deserved to be rowdy-sheeted, without reference to prior orders.
The Court allowed the petition and quashed the notice dated June 10, 2026, and directed that the B.S. Prakash guidelines be read and applied accordingly, and that the State Government issue necessary instructions or a circular to all concerned police stations.
Cause Title: Manjunath Krishnappa Dalawai v. State of Karnataka & Ors. (Neutral Citation: 2026:KHC-D:17446)