Md. Waheb Baig vs The State Of Telangana
2023 Latest Caselaw 656 Tel

        THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

               WRIT PETITION No.42443 of 2022
ORDER:

Heard the learned counsel for the petitioner and the learned

Assistant Government Pleader for Home.

2. Learned counsel for the petitioner submitted that the rowdy

sheet was opened against the petitioner on the basis of a single

crime i.e. Cr.No.190 of 2013 of NTPC Police Station. Charge sheet

was also filed in the said case and the petitioner was tried in

Spl. Sessions Case No.70 of 2015 on the file of the Special Sessions

Judge-cum-III Additional Sessions Judge, Karimnagar. The said

case ended in acquittal vide judgment dated 13.07.2015.

Thus, continuation of rowdy sheet is illegal and unconstitutional.

3. Learned Assistant Government Pleader for Home submitted

that draft counter is ready. However, he fairly concedes that the

rowdy sheet was opened against the petitioner on 06.02.2014 as he

was involved in Cr.No.190 of 2013, which eventually ended in

acquittal under the aforesaid judgment. Further, the Station House

Officer, Godavarikhani-I Town Police Station, has addressed letter

in C.No.393/Q2/2022 dated 27.12.2022 requesting the Assistant

Commissioner of Police/respondent No.4 to close the rowdy sheet.

Proceedings C.No.78/ACP-GDK/2022 dated 27.12.2022 was issued

permitting the Station House Officer, Godavarikhani-I Town Police

Station to close the rowdy sheet and subsequently, the rowdy sheet

has been closed.

4. In view of the same, the writ petition is allowed and the

respondents are directed to forthwith close the rowdy sheet, if not

already closed. The respondents-police are at liberty to open the

rowdy sheet against the petitioner, if he is found involved in more

than two crimes and if the conditions contemplated under Order

601 of the A.P. Police Manual are satisfied.

The miscellaneous petitions pending, if any, shall stand

closed. There shall be no order as to costs.

____________________ B. VIJAYSEN REDDY, J February 8, 2023 DSK