HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.39980 OF 2022
ORDER (ORAL):
This writ petition has been filed by the petitioner - Esa Bin Younus Yafai challenging the rowdy-sheet opened against him by respondent No.5 - the Station House Officer, Chandrayangutta Police Station, Hyderabad.
2. It is not in dispute that the petitioner is involved in the following two (2) criminal cases:
1. Crime No.50 of 2009 for the offences under Sections 147, 148, 324, 307, 448, 427 R/w.149 of IPC against the Petitioner herein and others.
2. Crime No.135 of 2011 for the offences under Sections 147, 148, 324, 326, 307, 341, 353, 201 R/w. 149 and 120(B) of IPC Sections 25, 27(2) and 30 of Arms Act, 1959 against the Petitioner herein and others.
3. It is admitted in the counter affidavit filed by respondent No.4 - the Assistant Commissioner of Police, Falaknuma Division, 2 Hyderabad, Telangana, that Crime No.50 of 2009 of Kanchanbagh Police Station, Hyderabad, has been compromised and Crime No.135 of 2011 of Central Crime Station, Detective Department, Hyderabad ended in acquittal by the judgment dated 29.06.2017 in S.C. No.57 of 2012 passed by the learned Additional Metropolitan Sessions Judge for trial of Communal Offences cases cum VII Additional Metropolitan Sessions Judge, Hyderabad.
4. As there are no criminal cases pending against the petitioner, continuance of rowdy-sheet against him is illegal and arbitrary. Further, the learned Assistant Government Pleader for Home has not cited any provision of law or judicial precedent to support his contention that rowdy-sheet can be continued even after closure of criminal cases or ending in acquittal. At present, no criminal case is pending against the petitioner, as such, continuation of rowdy-sheet against him is illegal.
5. Therefore, the writ petition is allowed directing the respondents to forthwith close the rowdy-sheet opened against the petitioner. No order as to costs.
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As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.
______________________ B. VIJAYSEN REDDY, J November 14, 2022.
PV