THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.33956 of 2021
ORDER:
This writ petition is filed challenging the opening and continuing the rowdy sheet opened against the petitioner on 02.03.2009 by the respondent No.4.
2. In the counter affidavit filed by the respondents, it is stated that initially the rowdy sheet was opened against the petitioner, as he was involved in Cr.No.11 of 2009 registered under Sections 336-A, 342 and 376(2)(g) of the Indian Penal Code, 1860, on the file of Keshampet Police Station. In the year 2018, another case was registered against the petitioner vide Cr.No.66 of 2018 for the offence under Section 107 of the Criminal Procedure Code, 1973, on the file of the Keshampet Police Station.
3. Learned counsel for the petitioner submitted that the petitioner was tried in SC.No.532 of 2009, arising out of Cr.No.11 of 2009, on the file of the II Additional Sessions Judge ( FTC), Mahabubnagar and the same ended in acquittal vide judgment dated 04.06.2010. He further submitted that the bound over period in respect of Cr.No.66 of 2018 expired long back. Thus, there are no criminal cases pending against the petitioner.
4. In view of the above, the writ petition is allowed and the respondents are directed to forthwith quash the rowdy sheet 2 opened against the petitioner. The respondents 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 Police Standing Order 601 of the Telangana 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 March 14, 2023 DSK