THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.42443 of 2022
ORDER:
Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home.
2. Learned counsel for the petitioner submitted that the rowdy sheet was opened against the petitioner on the basis of a single crime i.e. Cr.No.190 of 2013 of NTPC Police Station. Charge sheet was also filed in the said case and the petitioner was tried in Spl. Sessions Case No.70 of 2015 on the file of the Special Sessions Judge-cum-III Additional Sessions Judge, Karimnagar. The said case ended in acquittal vide judgment dated 13.07.2015. Thus, continuation of rowdy sheet is illegal and unconstitutional.
3. Learned Assistant Government Pleader for Home submitted that draft counter is ready. However, he fairly concedes that the rowdy sheet was opened against the petitioner on 06.02.2014 as he was involved in Cr.No.190 of 2013, which eventually ended in acquittal under the aforesaid judgment. Further, the Station House Officer, Godavarikhani-I Town Police Station, has addressed letter in C.No.393/Q2/2022 dated 27.12.2022 requesting the Assistant Commissioner of Police/respondent No.4 to close the rowdy sheet. Proceedings C.No.78/ACP-GDK/2022 dated 27.12.2022 was issued 2 permitting the Station House Officer, Godavarikhani-I Town Police Station to close the rowdy sheet and subsequently, the rowdy sheet has been closed.
4. In view of the same, the writ petition is allowed and the respondents are directed to forthwith close the rowdy sheet, if not already closed. The respondents-police are at liberty to open the rowdy sheet against the petitioner, if he is found involved in more than two crimes and if the conditions contemplated under Order 601 of the A.P. Police Manual are satisfied.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
____________________ B. VIJAYSEN REDDY, J February 8, 2023 DSK