Citation : 2021 Latest Caselaw 3805 Tel
Judgement Date : 26 November, 2021
The Hon'ble Sri Justice B. Vijaysen Reddy
W.P. No.7374 of 2021
Order:
Heard learned counsel for the petitioner and learned Assistant
Government Pleader for Home appearing for the respondents.
2. It is stated that the petitioner is accused in F.I.R.No.98 of 2020 of
Tukaramgate Police Station, Secunderabad, registered for the offence
punishable under Section 302 IPC. At the time of filing of this Writ
Petition, the said case was registered as PRC.No.112 of 2020.
3. The grievance of the petitioner is that respondent No.3 has
opened a rowdy sheet against him although he is accused in only one
criminal case.
4. In the counter-affidavit filed by respondent No.3/Station House
Officer, Chilkalguda Police Station, it is admitted that there is only one
criminal case pending against the petitioner.
5. Learned counsel for the petitioner relied on a judgment of this
Court in Mansoor Shah Khan and others v. The State of
Telangana rep. by its Principal Secretary, Home Department and
others1, wherein it was held that for opening a rowdy sheet, there is a
requirement of involvement in at least more than two cases to infer that
such person is a habitual offender.
6. Admittedly, the petitioner herein is involved in a single criminal
case.
7. In the above circumstances, this Writ Petition is allowed.
W.P.No.22980 of 2020 Dated 01.06.2021
As a sequel, Miscellaneous Petitions, pending if any, stand
disposed of.
___________________ (B. Vijaysen Reddy, J) Dt: 26th November, 2021 lur
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