Saif Bin Hussain Yafai vs The State Of Telangana And 5Others
2022 Latest Caselaw 5748 Tel

      THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

                        WRIT PETITION No.40449 of 2022

ORDER:

The writ petition is filed declaring the action of the respondent No.5 in

opening rowdy sheet against the petitioner without following due process of

law as arbitrary and illegal and violative of Articles 14 and 21 of the

Constitution of India.

2. In the counter filed by the 4th respondent, it is stated that the petitioner

was involved in the following cases:

(1) Crime No.132 of 2011 for the offences under Sections 147, 148, 324, 307 r/w 149 and 120(B) of IPC and Section 27 (i) of Indian Arms Act, which was re-registered as Crime No.135 of 2011 for the offences under under Sections 147, 148, 324, 326, 307, 341, 353, 201 r/w 149 and 120(B) of IPC and Sections 25, 27 (2) and 30 of Indian Arms Act, 1959.

(2) Crime No.595 of 2020 for the offences under Sections 427, 447, 468, 471, 420 r/w 34 of IPC on the file of Chandrayangutta Police Station.

(3) Crime No.597 of 2020 for the offences under Sections 468, 447, 427, 420, 471 r/w 34 of IPC on the file of Chandrayangutta Police Station.

3. It is admitted by the 4th respondent that in Crime No.132 of 2011,

charge sheet was filed and case was assigned with S.C.No.57 of 2012 and the

same was ended in acquittal vide judgment dated 29.6.2017 on the file of VII Additional Metropolitan Sessions Judge, Hyderabad. Only two cases shown

at Serial Nos.2 and 3 are pending. Since one case is ended in acquittal and as

of now only two cases are pending against the petitioner and 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), continuation of

rowdy sheet on the strength of two cases is not permissible. The petitioner

cannot be treated as a habitual offender within the meaning of Section 2(e) of

the Telangana Habitual Offenders Act, 1962.

4. For the foregoing reasons, the writ petition is allowed and the

respondents are directed to close the rowdy sheet opened against the

petitioner forthwith. The miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

______________________ B. VIJAYSEN REDDY, J Date: 10.11.2022 DA THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

WRIT PETITION No.40449 of 2022

10.11.2022

DA