Telangana High Court
S. Madan vs The State Of Telangana on 19 February, 2021
Bench: G Sri Devi
THE HONOURABLE JUSTICE G. SRI DEVI
WRIT PETITION No.26770 OF 2019
ORDER:
This Writ Petition, under Article 226 of the Constitution of
India, is filed by the petitioners/A.2 to A.4 questioning the action
of the respondents in not closing rowdy sheet opened against them
on 21.01.2013 on the file of 3rd respondent-Bollaram Police
Station.
2. Heard learned counsel for the petitioners and learned
Assistant Government Pleader for Home appearing for the
respondents.
3. The grievance of the petitioners is that a rowdy sheet has
been opened against them on 21.01.2013 on the file of 3rd
respondent-Bollaram Police Station based on a single compliant,
which was registered as a case in Crime No.85 of 2012 for the
offence punishable under Section 436 of the Indian Penal Code,
which ultimately resulted in acquittal of the petitioners by the
Additional Metropolitan Sessions Judge for trial of Communal
Offence Cases-cum-VII Additional Metropolitan Sessions Judge,
Hyderabad, vide its Judgment, dated 01.10.2015, in Sessions Case
No.355 of 2014.
4. Learned counsel for the petitioners would submit that this
Court has already closed the rowdy sheet opened against accused
No.1 in Crime No.85 of 2012 and the case of the petitioners also
stands on the same footing. He further stated that except the
aforesaid crime, there is no crime registered against the petitioners
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and ultimately, prayed this Court to close the rowdy sheet opened
against the petitioners herein on 21.01.2013.
5. A counter affidavit has been filed by respondent No.3,
wherein it is stated that Crime No.85 of 2012 was registered on the
file of Bollaram Police Station against the petitioners herein and
another under Section 436 I.P.C, which resulted in acquittal, as
stated above.
6. The learned Assistant Government Pleader for Home submits
that the main intention of the petitioners are to get the rowdy sheet
closed against them so that they would continue their unlawful
activities and as such no indulgence by this Court is required to be
shown.
7. Insofar as opening of a rowdy sheet is concerned, the learned
counsel for the petitioners drew the attention of this Court to the
Judgment reported in M.Malla Reddy v. State of Telangana and
others1, wherein this Court had gone into the details as to when a
rowdy sheet can be opened and continued. This Court in the said
decision had considered in detail the relevant provision for the
purpose of adjudication of the issue and by referring to the
A.P Police Standing Order-601 had indicated in what
circumstances, a rowdy sheet can be opened. The Hon'ble Court
further observed that except in cases, which are covered by the
exceptions provided under the said Standing Orders, for a mere
single offence, the authorities are not empowered to open a rowdy
sheet. He also submitted that persons who habitually commit,
attempt to commit or abet the commission of offence involving a
2016 (1) ALD (Crl.) 591
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breach of the peace, disturbance to public order and security, a
rowdy sheet can be opened.
8. In the present case, since the offence with which the
petitioners are charged is under Section 436 I.P.C., which is one of
the exceptions carved out for opening of a rowdy sheet, the
contention of the petitioners that for a single offence, rowdy sheet
cannot be opened does not merit consideration. However,
considering the fact that the said complaint, which resulted in a
case being registered as Sessions Case No.355 of 2014, was ended
in acquittal on 01.10.2015 and no other cases are pending against
the petitioners as per the counter of respondent No.3, interference
of this Court is called for, as there is no requirement to continue
the rowdy sheet opened against the petitioner on 21.01.2013.
Therefore, the rowdy sheet opened against the petitioners is liable
to be closed.
9. Accordingly, the Writ Petition is allowed and the rowdy sheet
opened against the petitioners on 21.01.2013 by the 3rd
respondent-Station House Officer, Bollaram Police Station in
respect of Crime No.85 of 2012, is hereby closed. No costs.
Miscellaneous petitions, if any, shall stand closed.
_______________________
JUSTICE G SRI DEVI
19th February, 2021
YVL
GSD,J
wp_26770_2019
THE HONOURABLE JUSTICE G. SRI DEVI
WRIT PETITION No.26770 OF 2019
Date:19.02.2021
YVL
