The Hon'ble Sri Justice B. Vijaysen Reddy
W.P. No.7374 of 2021
Order:
Heard learned counsel for the petitioner and learned Assistant
Government Pleader for Home appearing for the respondents.
2. It is stated that the petitioner is accused in F.I.R.No.98 of 2020 of Tukaramgate Police Station, Secunderabad, registered for the offence punishable under Section 302 IPC. At the time of filing of this Writ Petition, the said case was registered as PRC.No.112 of 2020.
3. The grievance of the petitioner is that respondent No.3 has opened a rowdy sheet against him although he is accused in only one criminal case.
4. In the counter-affidavit filed by respondent No.3/Station House Officer, Chilkalguda Police Station, it is admitted that there is only one criminal case pending against the petitioner.
5. Learned counsel for the petitioner relied on a judgment of this Court in Mansoor Shah Khan and others v. The State of Telangana rep. by its Principal Secretary, Home Department and others1, wherein it was held that for opening a rowdy sheet, there is a requirement of involvement in at least more than two cases to infer that such person is a habitual offender.
6. Admittedly, the petitioner herein is involved in a single criminal case.
7. In the above circumstances, this Writ Petition is allowed. 1 W.P.No.22980 of 2020 Dated 01.06.2021 2 As a sequel, Miscellaneous Petitions, pending if any, stand disposed of.
___________________ (B. Vijaysen Reddy, J) Dt: 26th November, 2021 lur