Kasula Subash Bose And 6 Others vs The State Of Telangana And 3 Others
2022 Latest Caselaw 4985 Tel

       THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

               WRIT PETITION No.34230 of 2022
ORDER:

Heard learned counsel for the petitioners and the learned

Assistant Government Pleader for Home.

2. Learned counsel for the petitioners submitted that the rowdy

sheet was opened against the petitioners in the year 2019 on the

basis of Cr.No.519 of 2018 registered for the offences under

Sections 302, 365, 341, 326 read with Section 34 IPC.

After investigation, the police filed charge sheet and the petitioner

was tried in SC.No.25 of 2020 before the V Additional Metropolitan

Sessions Judge, Ranga Reddy District. The matter ended in

acquittal of the petitioner vide judgment dated 13.04.2020.

3. Learned Assistant Government Pleader for Home submitted

that subsequently the petitioners No.1 and 3 were involved in

another case in Cr.No.16 of 2022 registered for the offence under

Sections 406, 420, 465, 467, 471, 474, 506 read with 34 IPC and

Section 156(3) Cr.P.C. Charge sheet was filed and the case was

numbered as C.C.No.312 of 2022 and pending trial in the Court of

XX Metropolitan Magistrate, Medchal, Cyberabad.

4. As seen from the above, as on the date when the rowdy

sheet was opened against the petitioner, there was only case

registered against the petitioner. The said case also ended in

acquittal. However, subsequently, in the year 2022, the petitioners

No.1 and 3 were involved in Cr.No.16 of 2022, which is also

pending trial in CC.No.312 of 2022. As of now, there is only case

pending against the petitioners No.1 and 3. As such, the

continuation of rowdy sheet only on the strength of one case is

arbitrary and unjustified and that the same is contrary to the law

laid down in UMESH SINGHANIYA v. THE COMMISSIONER OF

POLICE, HYDERABAD1. Hence, continuance of rowdy sheet

against the petitioners is unsustainable.

Hence, the writ petition is allowed and the respondents are

directed to close the rowdy sheet opened against the petitioners.

Pending miscellaneous petitions, if any, shall stand closed.

There shall be no order as to costs.

____________________ B. VIJAYSEN REDDY, J October 10, 2022 DSK

2013 (3) ALT 146