THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.43574 OF 2022
ORDER (ORAL):
This writ petition is field seeking to declare action of respondent No.4 - Inspector of Police, Dabeerpura Police Station, Hyderabad in opening and maintaining rowdy sheet against petitioner, as illegal and arbitrary.
2. Heard Sri Mohammed Muzaferullah Khan, 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 two cases i.e., 1. Crime No.127 of 2014 of Hussaini Alam Police Station, Hyderabad wherein charge sheet was filed and petitioner is being tried for the offences punishable under Sections 417, 420, 504 and 506 of the Indian Penal Code, 1860 (for short the 'IPC') on the file of the 2 learned I Additional Chief Metropolitan Magistrate, Nampally at Hyderabad vide C.C. No.202 of 2015 and the same is pending for trial; 2. Crime No.30 of 2016 of Dabeeerpura Police Station, Hyderabad wherein charge sheet was filed and petitioner was tried for the offences punishable under Sections 363, 376, 506 and 323 of the IPC and Section 6 of the Protection of Children from Sexual Offences Act on the file of the learned I Additional Metropolitan Sessions Judge-cum-Special Judge for Trial of Cases under Protection of Children from Sexual Offences Act, Hyderabad vide S.C. PCS. No.47 of 2016 and the same is ended in acquittal on 04.08.2017.
3. Learned Assistant Government Pleader for Home stated that as of now, there is only one case pending against the petitioner.
4. In view of the judgment of this Court in W.P. No. 26908 of 2022 dated 25.11.2022, opened and continuance of rowdy sheet against accused persons is not permissible until the accused 3 person is involved in more than two cases. The petitioner is not involved in more than two offences.
5. In view of the above, rowdy sheet opened against the petitioner is quashed. Police is directed to close rowdy sheet forthwith against the petitioner. Respondents-police are given liberty to open rowdy sheet against the petitioner, if he is involved in more than two criminal cases and conditions prescribed under order No.601 of the Telangana Police Manual are attracted.
6. Accordingly, the writ petition is allowed. There shall be no order as to costs.
As a sequel, miscellaneous Petitions, if any, pending shall stand closed. There shall be no order as to costs.
________________________ B. VIJAYSEN REDDY, J February 13, 2023 LPD 4 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.43574 OF 2022 13.02.2023 LPD