THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.2431 OF 2023
ORDER (ORAL):
This writ petition is filed seeking to declare action of respondents in opening the rowdy sheet against petitioner, as illegal and arbitrary.
2. Heard Sri Vinod Kethepally, learned counsel for the petitioner, and learned Assistant Government Pleader for Home, and perused the material available on record.
3. It is contended by learned counsel for the petitioner that rowdy sheet has been opened by the respondents casually and mechanically without any application of mind on the basis of involvement in a solitary criminal and contrary to Police Manual Standing Order No.601. The action of the respondents is violative of Articles 14, 19, 21 and 300-A of Constitution of India.
4. In the counter affidavit filed by respondent No.3 - the Assistant Commissioner of Police, Rajendra Nagar Circle, it is 2 stated that petitioner was involved in two criminal cases. Crime Nos.145 of 2017 of Moinabad Police Station was registered for the offences punishable under Section 307, 120(B) r/w 34 of the Indian Penal Code, 1860 (for short the 'IPC'). After charge sheet was filed, case was registered as S.C. No.521 of 2018 and the matter is ended in acquittal vide judgment dated 17.09.2021. The petitioner is involved in bound over case registered for the offences punishable under Section 107 of the Cr.P.C. Bind over order was passed on 19.08.2022 is not in dispute. As of now, there is only one case against petitioner. In view of the judgment of Mansoor Shah Khan v. State of Telangana (W.P. No.22980 of 2020 dated 01.06.2021) passed by this Court, rowdy sheet opened against the petitioner on the basis of single crime is not sustainable.
5. In view of the above writ petition, rowdy sheet opened against the petitioner is quashed. 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. 3
6. With the above directions, this writ petition is allowed. There shall be no order as to costs.
As a sequel, miscellaneous Petitions, if any, pending shall stand closed.
________________________ B. VIJAYSEN REDDY, J February 28, 2023 LPD 4 81 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.2431 OF 2023 28.02.2023 LPD