Shanker Rathod vs State Of Telangana
2022 Latest Caselaw 6244 Tel

         HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                   WRIT PETITION No.41526 OF 2022
ORDER :

Heard learned counsel for the petitioner and the 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 three crimes:

(i) Crime No.240 of 2018 of Shankarpally Police Station, Ranga Reddy District, for the offences under Sections 341 and 506 IPC. Reported on 14.07.2018 at 2130 hours, charged on 18.08.2018, vide CC.No.447 of 2018. The case is compromised in Lok Adalath on 10.07.2021.

(ii) Crime No.149 of 2019 of Shankarpally Police Station, Ranga Reddy District, for the offences under Sections 447, 427, 504 and 506 read with 34 IPC. Reported on 03.07.2019 at 1000 hours, charged on 31.08.2021, vide CC.No.1159 of 2021. The case is pending for trial.

(iii) Crime No.160 of 2019 of Shankarpally Police Station, Ranga Reddy District, for the offences under Sections 447, 527, 504 and 406 IPC. Reported on 13.07.2019 at 1500 hours, charged on 06.12.2021, vide CC.No.1159 of 2021. The case is pending for trial.

3. As stated above, the case shown at serial no.(i) was closed, as

the parties entered into compromise before Lok Adalat. Only two cases

shown at serial nos.(ii) and (iii) are pending against the petitioner. In

view of the judgment of this Court in MAJID BABU v. HOME

SECRETARY, GOVERNMENT OF ANDHRA PRADESH1, the

petitioner cannot be branded as habitual offender in terms of Clause (A)

of the Standing Order 601 of the Telangana Police Manual. Thus,

continuance of rowdy sheet against the petitioner for his involvement in

two cases is not permissible under law.

4. 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 in

the writ petition stand closed. No order as to costs.

____________________ B. VIJAYSEN REDDY, J 29.11.2022 Note: Issue CC in two days B/o vv

(1987) 2 ALT 904