Telangana High Court
Arelli Ravi, Warangal, T.S. vs Prl Secy, Home Dept, Hyd 3 Others on 6 December, 2021
Bench: B.Vijaysen Reddy
The Hon'ble Sri Justice B. Vijaysen Reddy
W.P. No.6772 of 2016
Order:
Petitioner is aggrieved by the action of the respondents in
opening rowdy sheet against him and in not closing the same, despite
his representation dated 25.07.2015.
Heard learned counsel for the petitioner and learned Assistant
Government Pleader.
It is the case of the petitioner that a rowdy sheet was opened
against him at the instance of rival politicians; that W.P.No.7163 of
2011, filed challenging the same, was allowed on 21.04.2011, directing
the respondents/Police authorities to close the rowdy sheet with liberty
to the respondents therein to reopen the rowdy sheet in case the
petitioner is involved in any other crime; that subsequently, respondent
No.4 opened rowdy sheet against him in view of Cr.No.227 of 2015,
registered for the offences punishable under Sections 447, 427 and 406
IPC, on a complaint lodged by his family members in relation to a civil
dispute; Cr.No.139 of 2015 registered for the offences punishable under
Sections 353, 342, 186 and 448 IPC, as he participated in Dharna
organised by congress party in respect of Government Maternity
Hospital, Ursu; and Cr.No.4 of 2015 registered for the offences
punishable under Sections 323, 290 and 506 IPC at the instance of local
MLA, who did not want the petitioner to contest in the elections of
Warangal Municipal Corporation.
It is submitted by learned counsel for the petitioner that the
offences in Cr.Nos.227 of 2015 and 139 of 2015 are bailable in nature;
that based on such offences, the respondents should not have opened
rowdy sheet; that petitioner submitted detailed explanation dated
25.04.2015 requesting the respondents to reconsider their decision for
continuing the rowdy sheet, but they have not acted upon such
representation; and that therefore, that action of the respondents is
illegal, arbitrary and violative of Articles 14 and 21 of Indian
Constitution.
Learned counsel submits that all the above referred three crimes
have been closed and ended in acquittal long back. In support of his
plea, he placed on record the copies of judgment dated 20.11.2017, in
C.C.No.291 of 2015, passed by I Additional Judicial First Class
Magistrate, Warangal, Judgment dated 29.01.2016 in OS.No.363 of
2007, passed by II Additional Senior Civil Judge, Warangal and
Judgment dated 09.09.2015, in Crl.P.No.9015 of 2015, passed by a
learned Single Judge of this Court.
In view of the above, this Court finds that continuation of rowdy
sheet against the petitioner is unjust. This Writ Petition is, accordingly,
disposed of directing the respondents to consider the representation
dated 25.07.2015, submitted by the petitioner and also taking into
consideration the above referred judgments whereby petitioner was
acquitted in three cases. Such exercise shall be completed by the
respondents within a period of three weeks from the date of receipt of a
copy of this order. Until such a decision is taken, petitioner shall not be
called to the Police Station.
As a sequel, Miscellaneous Petitions, pending if any, stand
disposed of.
___________________
(B. Vijaysen Reddy, J)
Dt: 6th December, 2021
lur
