THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.36960 of 2022
ORDER:
Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Home.
2. Learned counsel for the petitioner submits that rowdy sheet was opened against the petitioner on 16.04.2019, as the petitioner was involved in four criminal cases, the details of which are as under:
i. Cr.No.194/2018 U/s.188 IPC on the file of the respondent No.1 Station House Officer, Jaipur Police Station, Mancherial District and the case is pending trial vide C.C.No.395/2018 on the file of the Hon'ble Judicial First Class Magistrate Court, Chennur.
ii. Cr.No.210/2018 U/s. 341, 290, 506 IPC and Section 3(2)(va) of SCs & STs (POA) Act 1989 on the file of respondent No.1 Station House Officer, Jaipur Police Station, Mancherial District and the case ended in acquittal on 25.05.2022 vide S.C.No.35/2019 on the file of the Hon'ble Sessions Court, Adilabad.
iii. Cr.No.25/2019 U/s. 448, 294-B, 506 r/w 34 IPC on the file of respondent No.1 Station House Officer, Jaipur Police Station, Mancherial District and the case ended in acquittal on 07.11.2022 vide C.C.No.97/2019 on the file of the First Class Magistrate Court, Chennur.
iv. Cr.No.29/2019 U/s.294-B, 506 IPC on the file of respondent No.1 Station House Officer, Jaipur Police Station, Mancherial District and the case ended in 2 compromise on 12.03.2022 vide C.C.No.105/2019 on the file of the Hon'ble Judicial First Class Magistrate Court, Chennur.
3. In the counter filed by the respondent No.3, it is admitted that the cases shown at Sl.Nos.ii, iii and iv ended in acquittal.
4. It is the admitted case of the respondent No.3 that only one case is pending against the petitioner viz. Cr.No.194 of 2018 registered for the offence under Section 188 IPC before the Station House Officer, Jaipur Police Station, Mancherial District. In view of the judgment of this Court in UMESH SINGHANIYA v. THE COMMISSIONER OF POLICE, HYDERABAD1, the continuance of rowdy sheet against the petitioner on the strength of a solitary case is unsustainable.
Hence, the writ petition is allowed and the respondents are directed to close the suspect sheet opened against the petitioner. Pending miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.
____________________ B. VIJAYSEN REDDY, J October 14, 2022 DSK 1 2013 (3) ALT 146