Telangana High Court
Mohan Nayak Nenavath Mohan vs The State Of Telangana on 8 February, 2024
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT PETITION No.28150 of 2023
ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner, seeking the following relief:
"....to issue a writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in opening rowdy sheet which against the petitioner vide Cr.No.352/rowdy open/sdom/2023 (copy not furnished to petitioner) without any valid grounds and the further action of the respondents in calling him to the police station on the strength of the rowdy sheet, as illegal, arbitrary, in violation of Articles 14, 19(1)(d) and 21 of the Constitution of India and contrary to the law laid down by the Hon'ble Apex Court and this Hon'ble High Court in a catena of judgments and consequently set aside the rowdy sheet opened against the petitioner with a direction to the respondents not to call him to the police station...."
2. The petitioner claims to be an agriculturist by profession and owner and possessor of land admeasuring Ac.1-28gts in Sy.Nos.1AA/2, 1E, 2AA, 2E, 288/U, 289/E6/2, 325/U1/2, situated at Tirumalagiri Village, Balanagar Mandal, Mahabubnagar District. It is the case of the petitioner that respondent No.4 has opened rowdy sheet against him stating that he was involved in three crimes viz., 1) FIR No.309/2022 dated 03.12.2022 for the offences under Sections 448, 452, 436 r/w 34 IPC on the file of Rajapur Police Station, 2) FIR No.794/2022 dated 03.12.2022 for the offences under Sections 353, 143, 341 r/w 149 IPC on the file of Jadcherla Town Police Station and 3) FIR No.819/2022 2 dated 04.12.2022 for the offences under Sections 143, 147, 353, 341 r/w 149 IPC on the file of Jadcherla Town Police Station. It is the case of the petitioner that without issuing any notice or without conducting any enquiry, the respondents have opened rowdy sheet against him, which amounts to gross violation of principles of natural justice. It is further case of the petitioner that there is no breach of peace and disturbance to public order and security and he was not convicted in any of the criminal cases. It is further case of the petitioner that no ground is made out to open rowdy sheet against him under Clause A of Standing Order 601 of A.P Police Manual Part-I, Volume-II. It is also case of the petitioner that the respondents have not followed the procedure under Chapter VIII of Cr.P.C and therefore, opening of rowdy sheet against him and continuation of the same amounts to violation of rights guaranteed under Articles 19(1) (d) and 21 of the Constitution of India. Thus the petitioner prayed this Court to allow the writ petition as prayed for.
3. A counter affidavit has been filed by the respondent No.3, wherein inter alia it is stated that the petitioner has scant respect towards law and he was involved in three criminal cases registered on the file of Rajapur Police Station and Jadcherla Police Stations of Mahabubnagar Districts i.e, 1) Crime No.309/2022 for the offences under Sections 452, 427, 436 r/w 34 IPC on the file of Rajapur Police Station and the same is pending for investigation, 2) Crime No.794/2022 for the offences 3 under Sections 353, 143, 341 r/w 149 IPC on the file of Jadcherla Police Station and the same is pending for investigation and 3) Crime No.819/2022 for the offences under Sections 353, 143, 341 r/w 149 IPC on the file of Jadcherla Police Station and the same is pending for trial vide C.C.No.404/2023. It is further stated that the petitioner is a trouble monger and creating law and order problem at Tirumalagiri Village of Balanagar Mandal, Mahabubnagar District and to curb and curtail his unlawful activities in the vicinity of Rajapur Police Station of Mahabubnagar District, a rowdy sheet vide C.No.352/Rowdy- open/SDOM/23 dated 23.03.2023 was opened against the petitioner and same is being continued and renewed from time to time. It is further stated in the counter affidavit that since all the three cases against the petitioner are pending, if rowdy sheet opened against him is closed, there is every chance of petitioner tampering the evidence and gain over the witnesses. It is also stated that to maintain public peace and tranquility, continuation of rowdy sheet against the petitioner is very much necessary and ultimately prayed this Court to dismiss the writ petition.
4. Admittedly, the petitioner was involved in three criminal cases i.e,
1) Crime No.309/2022 for the offences under Sections 452, 427, 436 r/w 34 IPC on the file of Rajapur Police Station, 2) Crime No.794/2022 for the offences under Sections 353, 143, 341 r/w 149 IPC on the file of Jadcherla Police Station, and 3) Crime No.819/2022 for the offences 4 under Sections 353, 143, 341 r/w 149 IPC on the file of Jadcherla Police Station. Out of three cases, two cases relate to causing assault or criminal force to deter a public servant from performing their duty. Crime Nos.309 and 794/2022 are pending for investigation and Crime No.819/2022 is pending for trial vide C.C.No.404/2023. As stated by the respondents, since investigation in two crimes is pending, there is every possibility of petitioner tampering the evidence and gain over the witnesses.
5. In view of the above circumstances, at this stage, this Court is not inclined to close the rowdy sheet against the petitioner. However, if atleast one case ends in acquittal, the petitioner can seek closure of rowdy sheet by making an application/representation before the concerned authorities. If such application is filed by the petitioner, the respondents are directed to take note of the orders passed in the aforesaid criminal cases and consider the representation of the petitioner, in accordance with law.
6. With the above observations, this Writ Petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
__________________________ C.V.BHASKAR REDDY, J Dt: 08.02.2024 scs