THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.40646 OF 2022 ORDER: (ORAL) Heard learned counsel for the petitioner, learned Assistant Government Pleader for Home and perused the material available on record.
2. A rowdy sheet has been opened against the petitioner for his involvement in the following five criminal cases:
(i) Crime No.256 of 2009 for the offences under Sections 324 and 506 IPC, on the file of Chaderghat Police Station, Hyderabad. After completion of investigation, charge sheet has been filed vide C.C.No.380 of 2009. The case has been compromised on 03.07.2010.
(ii) Crime No.264 of 2009 for the offences under Sections 324 and 506 read with 34 of IPC, on the file of Chaderghat Police Station, Hyderabad. After completion of investigation, charge sheet has been filed vide C.C.No.381 of 2009. The case has been compromised on 03.07.2010.
(iii) Crime No.193 of 2010 for the offence under Section 234 read with 34 of IPC, on the file of Chaderghat Police Station, Hyderabad. After completion of investigation, charge sheet has been filed vide C.C.No.408 of 2010 and the same is pending trial.2
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(iv) Crime No.217 of 2012 for the offences under Sections 307, 448, 427 and 506 read with 34 of IPC, on the file of Chaderghat Police Station, Hyderabad. After completion of investigation, charge sheet has been filed vide PRC.No.38 of 2012 and the same is pending trial.
(v) Crime No.374 of 2013 for the offence under Section 384 read with 34 IPC, on the file of Chaderghat Police Station, Hyderabad. The petitioner has been bound over for his good behavior on 02.08.2022.
3. Out of the aforesaid five criminal cases, the first two cases have been compromised.
4. According to the learned Assistant Government Pleader for Home, there are three cases pending against the petitioner and rowdy sheet needs to be continued.
5. However, learned counsel for the petitioner submitted that wrong information is furnished to this Court. PRC.No.38 of 2012 arising out of Crime No.217 of 2012 of Chaderghat Police Station was taken on file as S.C.No.346 of 2013 and the same ended in acquittal vide judgment dated 30.04.2014 passed by the Special Judge for Economic Offences-cum-VIII Additional Metropolitan Sessions Judge at Hyderabad. Learned counsel further submits that as per his instructions, CC.No.408 of 2010, which is shown as serial No.(iii) 3 BVR,J W.P.No.40646_2022 above, also ended in acquittal, but he does not have a copy of the judgment passed therein.
6. In any case, as there are only two cases pending and three cases, out of five cases based on which a rowdy sheet has been opened against the petitioner, have been closed/ended in acquittal, continuance of rowdy sheet on the strength of two cases is not permissible under law in view of the judgment of this Court in MANSOOR SHAH KHAN v. STATE OF TELANGANA (W.P.No.22980 of 2020 dated 01.06.2021). Thus, continuance of rowdy sheet against the petitioner is arbitrary and violative of Article 21 of the Constitution of law.
7. Accordingly, the writ petition is allowed. Rowdy sheet opened against the petitioner shall be closed forthwith.
As a sequel thereto, miscellaneous applications, if any, pending shall stand closed.
____________________ B. VIJAYSEN REDDY, J Date: 05.12.2022 Vv