THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.34230 of 2022
ORDER:
Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Home.
2. Learned counsel for the petitioners submitted that the rowdy sheet was opened against the petitioners in the year 2019 on the basis of Cr.No.519 of 2018 registered for the offences under Sections 302, 365, 341, 326 read with Section 34 IPC. After investigation, the police filed charge sheet and the petitioner was tried in SC.No.25 of 2020 before the V Additional Metropolitan Sessions Judge, Ranga Reddy District. The matter ended in acquittal of the petitioner vide judgment dated 13.04.2020.
3. Learned Assistant Government Pleader for Home submitted that subsequently the petitioners No.1 and 3 were involved in another case in Cr.No.16 of 2022 registered for the offence under Sections 406, 420, 465, 467, 471, 474, 506 read with 34 IPC and Section 156(3) Cr.P.C. Charge sheet was filed and the case was numbered as C.C.No.312 of 2022 and pending trial in the Court of XX Metropolitan Magistrate, Medchal, Cyberabad.
4. As seen from the above, as on the date when the rowdy sheet was opened against the petitioner, there was only case 2 registered against the petitioner. The said case also ended in acquittal. However, subsequently, in the year 2022, the petitioners No.1 and 3 were involved in Cr.No.16 of 2022, which is also pending trial in CC.No.312 of 2022. As of now, there is only case pending against the petitioners No.1 and 3. As such, the continuation of rowdy sheet only on the strength of one case is arbitrary and unjustified and that the same is contrary to the law laid down in UMESH SINGHANIYA v. THE COMMISSIONER OF POLICE, HYDERABAD1. Hence, continuance of rowdy sheet against the petitioners is unsustainable.
Hence, the writ petition is allowed and the respondents are directed to close the rowdy sheet opened against the petitioners. Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
____________________ B. VIJAYSEN REDDY, J October 10, 2022 DSK 1 2013 (3) ALT 146