Telangana High Court
Md. Musa vs The State Of Telangana And 3 Others on 5 December, 2022
Bench: B.Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.40646 OF 2022
ORDER: (ORAL)
Heard learned counsel for the petitioner, learned Assistant
Government Pleader for Home and perused the material available on
record.
2. A rowdy sheet has been opened against the petitioner for his
involvement in the following five criminal cases:
(i) Crime No.256 of 2009 for the offences under Sections
324 and 506 IPC, on the file of Chaderghat Police Station,
Hyderabad. After completion of investigation, charge
sheet has been filed vide C.C.No.380 of 2009. The case
has been compromised on 03.07.2010.
(ii) Crime No.264 of 2009 for the offences under Sections
324 and 506 read with 34 of IPC, on the file of Chaderghat
Police Station, Hyderabad. After completion of
investigation, charge sheet has been filed vide C.C.No.381
of 2009. The case has been compromised on 03.07.2010.
(iii) Crime No.193 of 2010 for the offence under Section
234 read with 34 of IPC, on the file of Chaderghat Police
Station, Hyderabad. After completion of investigation,
charge sheet has been filed vide C.C.No.408 of 2010 and
the same is pending trial.
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(iv) Crime No.217 of 2012 for the offences under Sections
307, 448, 427 and 506 read with 34 of IPC, on the file of
Chaderghat Police Station, Hyderabad. After completion
of investigation, charge sheet has been filed vide
PRC.No.38 of 2012 and the same is pending trial.
(v) Crime No.374 of 2013 for the offence under Section
384 read with 34 IPC, on the file of Chaderghat Police
Station, Hyderabad. The petitioner has been bound over
for his good behavior on 02.08.2022.
3. Out of the aforesaid five criminal cases, the first two cases have
been compromised.
4. According to the learned Assistant Government Pleader for
Home, there are three cases pending against the petitioner and rowdy
sheet needs to be continued.
5. However, learned counsel for the petitioner submitted that wrong
information is furnished to this Court. PRC.No.38 of 2012 arising out of
Crime No.217 of 2012 of Chaderghat Police Station was taken on file
as S.C.No.346 of 2013 and the same ended in acquittal vide judgment
dated 30.04.2014 passed by the Special Judge for Economic
Offences-cum-VIII Additional Metropolitan Sessions Judge at
Hyderabad. Learned counsel further submits that as per his
instructions, CC.No.408 of 2010, which is shown as serial No.(iii)
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W.P.No.40646_2022
above, also ended in acquittal, but he does not have a copy of the
judgment passed therein.
6. In any case, as there are only two cases pending and three
cases, out of five cases based on which a rowdy sheet has been
opened against the petitioner, have been closed/ended in acquittal,
continuance of rowdy sheet on the strength of two cases is not
permissible under law in view of the judgment of this Court in
MANSOOR SHAH KHAN v. STATE OF TELANGANA
(W.P.No.22980 of 2020 dated 01.06.2021). Thus, continuance of
rowdy sheet against the petitioner is arbitrary and violative of Article 21
of the Constitution of law.
7. Accordingly, the writ petition is allowed. Rowdy sheet opened
against the petitioner shall be closed forthwith.
As a sequel thereto, miscellaneous applications, if any, pending
shall stand closed.
____________________
B. VIJAYSEN REDDY, J
Date: 05.12.2022
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