Aluru Siva Satyanarayana vs The State Of Telangana
2022 Latest Caselaw 5052 Tel

            THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY


                  WRIT PETITION No.30159 of 2022
ORDER:

Heard learned counsel for the petitioner and the learned

Assistant Government Pleader for Home.

2. The rowdy sheet was opened against the petitioner in the

year 2015 on the basis of three crimes as under:

i. Cr.No.632/2014 U/sec.341, 427 & 506 IPC, on the file of Kukatpally P.S., wherein Charge Sheet has been filed vide CC.No.724/2017 on the file of Hon'ble XI Metropolitan Magistrate, Kukatpally and the case has been ended in compromise before Lok Adalath on 03.02.2020.

ii. Cr.No.467/2014 U/sec.341, 506 IPC, on the file of Kukatpally P.S., wherein Charge Sheet has been filed vide CC.No.1424/2014 on the file of Hon'ble IV Metropolitan Magistrate, Kukatpaly and the case has been ended in compromise before Lok Adalath on 07.09.2017.

iii. Cr.No.355/2015 U/sec.307 IPC and 212 IPC, on the file of Balanagar P.S., wherein Charge Sheet has been filed vide SC.No.692/2016 on the file of Hon'ble IX Addl. Sessions Judge R.R. District.

3. Learned counsel for the petitioner submitted that all the

three cases have been closed. The cases shown at Sl.Nos.i and ii

have ended in compromise before the Lok Adalath. The case shown

at Sl.No.iii viz. SC.No.6952 of 2014 on the file of the IX Additional

Sessions Judge, Ranga Reddy District, ended in acquittal vide

judgment dated 31.08.2017 in view of the compromise entered into

between the petitioner and the defacto complainant in

CRLP.No.7587 of 2017. It is further submitted that the petitioner is

not involved in any other case. The rowdy sheet has not been

reviewed in spite of the cases pending against the petitioner being

closed.

4. In the counter filed by the respondent No.3, it is submitted

that the petitioner is involved in the above three crimes and the

request of the petitioner vide representation dated 01.10.2021 was

rejected to keep surveillance on the acts of the petitioner, as there

was every chance that the petitioner may again repeat the

offences. The petitioner has created nuisance with general public,

but due to fear nobody is coming forwards to lodge complaint

against him. The rowdy sheet is essential to watch the activities of

the petitioner.

5. Learned Assistant Government Pleader for Home has not

brought to the notice of this Court any provision of law or judicial

precedents whereby the Government can continue the rowdy sheet

even after acquittal of the accused. As it is not in dispute that three

cases, based on which the rowdy sheet has been opened against

the petitioner, have been closed/ended in acquittal, the continuance

of rowdy sheet against the petitioner is arbitrary and violative of

Articles 14 and 21 of the Constitution of India.

In view of the above, the writ petition is allowed.

The respondents are directed to close the rowdy sheet opened

against the petitioner. The miscellaneous petitions pending, if any,

shall stand closed. There shall be no order as to costs.

____________________ B. VIJAYSEN REDDY, J October 12, 2022 DSK