Nawaz Ali Khan vs The State Of Telangana And 3 Others
2023 Latest Caselaw 758 Tel

    THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

               WRIT PETITION No.43574 OF 2022

ORDER (ORAL):

This writ petition is field seeking to declare action of

respondent No.4 - Inspector of Police, Dabeerpura Police Station,

Hyderabad in opening and maintaining rowdy sheet against

petitioner, as illegal and arbitrary.

2. Heard Sri Mohammed Muzaferullah Khan, learned

counsel for petitioner, and learned Assistant Government Pleader

for Home, and perused the material available on record.

3. It is admitted by respondent No.3 - Deputy

Commissioner of Police that Rowdy sheet was opened against the

petitioner for his involvement in the two cases i.e., 1. Crime

No.127 of 2014 of Hussaini Alam Police Station, Hyderabad

wherein charge sheet was filed and petitioner is being tried for the

offences punishable under Sections 417, 420, 504 and 506 of the

Indian Penal Code, 1860 (for short the 'IPC') on the file of the

learned I Additional Chief Metropolitan Magistrate, Nampally at

Hyderabad vide C.C. No.202 of 2015 and the same is pending for

trial; 2. Crime No.30 of 2016 of Dabeeerpura Police Station,

Hyderabad wherein charge sheet was filed and petitioner was tried

for the offences punishable under Sections 363, 376, 506 and 323

of the IPC and Section 6 of the Protection of Children from Sexual

Offences Act on the file of the learned I Additional Metropolitan

Sessions Judge-cum-Special Judge for Trial of Cases under

Protection of Children from Sexual Offences Act, Hyderabad vide

S.C. PCS. No.47 of 2016 and the same is ended in acquittal on

04.08.2017.

3. Learned Assistant Government Pleader for Home

stated that as of now, there is only one case pending against the

petitioner.

4. In view of the judgment of this Court in W.P. No.

26908 of 2022 dated 25.11.2022, opened and continuance of rowdy

sheet against accused persons is not permissible until the accused

person is involved in more than two cases. The petitioner is not

involved in more than two offences.

5. In view of the above, rowdy sheet opened against the

petitioner is quashed. Police is directed to close rowdy sheet

forthwith against the petitioner. Respondents-police are given

liberty to open rowdy sheet against the petitioner, if he is involved

in more than two criminal cases and conditions prescribed under

order No.601 of the Telangana Police Manual are attracted.

6. Accordingly, the writ petition is allowed. There shall

be no order as to costs.

As a sequel, miscellaneous Petitions, if any, pending shall

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

________________________ B. VIJAYSEN REDDY, J February 13, 2023 LPD

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.43574 OF 2022

13.02.2023

LPD