Sayed Mujahed vs The Principal Secretary For The ...
2023 Latest Caselaw 993 Tel

    THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

               WRIT PETITION No.2431 OF 2023

ORDER (ORAL):

This writ petition is filed seeking to declare action of

respondents in opening the rowdy sheet against petitioner, as

illegal and arbitrary.

2. Heard Sri Vinod Kethepally, learned counsel for the

petitioner, and learned Assistant Government Pleader for Home,

and perused the material available on record.

3. It is contended by learned counsel for the petitioner

that rowdy sheet has been opened by the respondents casually and

mechanically without any application of mind on the basis of

involvement in a solitary criminal and contrary to Police Manual

Standing Order No.601. The action of the respondents is violative

of Articles 14, 19, 21 and 300-A of Constitution of India.

4. In the counter affidavit filed by respondent No.3 - the

Assistant Commissioner of Police, Rajendra Nagar Circle, it is

stated that petitioner was involved in two criminal cases. Crime

Nos.145 of 2017 of Moinabad Police Station was registered for the

offences punishable under Section 307, 120(B) r/w 34 of the Indian

Penal Code, 1860 (for short the 'IPC'). After charge sheet was

filed, case was registered as S.C. No.521 of 2018 and the matter is

ended in acquittal vide judgment dated 17.09.2021. The petitioner

is involved in bound over case registered for the offences

punishable under Section 107 of the Cr.P.C. Bind over order was

passed on 19.08.2022 is not in dispute. As of now, there is only

one case against petitioner. In view of the judgment of Mansoor

Shah Khan v. State of Telangana (W.P. No.22980 of 2020 dated

01.06.2021) passed by this Court, rowdy sheet opened against the

petitioner on the basis of single crime is not sustainable.

5. In view of the above writ petition, rowdy sheet opened

against the petitioner is quashed. Respondent police are given

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

in more than two criminal cases and conditions prescribed in order

No.601 of the Telangana Police Manual are attracted.

6. With the above directions, this writ petition is

allowed. There shall be no order as to costs.

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

stand closed.

________________________ B. VIJAYSEN REDDY, J

February 28, 2023 LPD

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

WRIT PETITION No.2431 OF 2023

28.02.2023

LPD