HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.12341 OF 2020
ORDER:
This writ petition is filed aggrieved by the action of the respondent police in opening rowdy sheet against the petitioner.
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, and perused the material available on record.
3. Learned counsel for the petitioner submitted that there are no criminal cases pending against the petitioner as of now.
4. In the counter affidavit filed by respondent No.4, at paragraph 3, the details of 28 criminal cases, wherein the petitioner was involved, have been stated.
5. Learned Assistant Government Pleader for Home submitted that the petitioner is a habitual offender and in order to keep a watch on his activities and to curtail his unlawful activities, rowdy sheet has been opened against him. However, it is not in dispute that out of 28 cases registered against the petitioner, 27 cases have ended in acquittal/closure/action dropped, and only one case i.e., Crime No.10 of 2004 on the file of Chandrayangutta Police Station, which is shown at Serial No. (xix) of the counter affidavit, wherein a charge sheet has 2 BVR,J W.P.No.12341_2020 been filed vide C.C.No.383 of 2011 is pending.
6. Learned counsel for the petitioner submitted that as per his instructions, the only case i.e., C.C.No.383 of 2011, which is stated to have been pending against the petitioner as per the contents of the counter affidavit, also ended in acquittal.
7. As held in Mansoor Shah Khan v. State of Telangana (W.P.No.22980 of 2020 dated 01.06.2021), there has to be at least two criminal cases pending against a person for opening rowdy sheet against such a person. In the instant case, there is only one case pending against the petitioner as per the contents of the counter affidavit. Thus, continuance of rowdy sheet against the petitioner is unsustainable in view of the judgment in Mansoor Shan Khan's case referred supra.
8. Accordingly, the writ petition is allowed directing the respondents to forthwith close the rowdy sheet opened against the petitioner. However, this order does not prevent the police to open rowdy sheet against the petitioner if he is involved in more than two criminal cases and the conditions under Standing Order 601 of the Telangana State Police Manual are attracted. 3
BVR,J W.P.No.12341_2020 As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed. No order as to costs.
____________________ B. VIJAYSEN REDDY, J 24.01.2023 Note: Issue CC by tomorrow.
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