HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.36408 OF 2022
ORDER (ORAL):
This writ petition is field seeking to declare action of respondents in opening and continuing rowdy sheet against petitioner, as illegal and arbitrary.
2. Heard Sri Dr.J.Vijaya Lakshmi, learned counsel for petitioner, and learned Assistant Government Pleader for Home, and perused the material available on record.
3. It is admitted by respondent No.3 - Deputy Commissioner of Police that Rowdy sheet was opened against the petitioner for his involvement in the six cases i.e., Crime Nos.123 of 2007, 213 of 2010, 166 of 2014, 200 of 2021, 400 of 2021 and 85 of 2016.
4. Learned Assistant Government Pleader for Home fairly conceded that except in Crime Nos.400 of 2021 and 85 of 2016, all other cases ended in acquittal. 2
5. In view of the judgment of this Court in W.P. No. 26908 of 2022 dated 25.11.2022, opening and continuance of rowdy sheet against accused persons is not permissible until the accused person is involved in more than two cases. The petitioner is not involved in more than two offences.
6. In view of the same, the writ petition is allowed and the rowdy sheet opened against petitioner shall be closed forthwith. Respondent police are given liberty to open rowdy sheet against the petitioner, if he is involved in more than two criminal cases and conditions prescribed in order No.601 of the Telangana Police Manual are attracted. There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any, pending in this writ petition shall stand closed.
_______________________ B. VIJAYSEN REDDY, J April 20, 2023 VSL/SSM 3 487 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.36408 OF 2022 April 20, 2023 VSL/SSM