Ahmed Saadi vs The State Of Telangana
2023 Latest Caselaw 306 Tel

          HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                 WRIT PETITION No.12341 OF 2020

ORDER:

This writ petition is filed aggrieved by the action of the

respondent police in opening rowdy sheet against the petitioner.

2. Heard learned counsel for the petitioner and learned Assistant

Government Pleader for Home, and perused the material available on

record.

3. Learned counsel for the petitioner submitted that there are no

criminal cases pending against the petitioner as of now.

4. In the counter affidavit filed by respondent No.4, at paragraph 3,

the details of 28 criminal cases, wherein the petitioner was involved,

have been stated.

5. Learned Assistant Government Pleader for Home submitted that

the petitioner is a habitual offender and in order to keep a watch on his

activities and to curtail his unlawful activities, rowdy sheet has been

opened against him. However, it is not in dispute that out of 28 cases

registered against the petitioner, 27 cases have ended in

acquittal/closure/action dropped, and only one case i.e., Crime No.10

of 2004 on the file of Chandrayangutta Police Station, which is shown

at Serial No. (xix) of the counter affidavit, wherein a charge sheet has

BVR,J W.P.No.12341_2020

been filed vide C.C.No.383 of 2011 is pending.

6. Learned counsel for the petitioner submitted that as per his

instructions, the only case i.e., C.C.No.383 of 2011, which is stated to

have been pending against the petitioner as per the contents of the

counter affidavit, also ended in acquittal.

7. As held in Mansoor Shah Khan v. State of Telangana

(W.P.No.22980 of 2020 dated 01.06.2021), there has to be at least two

criminal cases pending against a person for opening rowdy sheet

against such a person. In the instant case, there is only one case

pending against the petitioner as per the contents of the counter

affidavit. Thus, continuance of rowdy sheet against the petitioner is

unsustainable in view of the judgment in Mansoor Shan Khan's case

referred supra.

8. Accordingly, the writ petition is allowed directing the

respondents to forthwith close the rowdy sheet opened against the

petitioner. However, this order does not prevent the police to open

rowdy sheet against the petitioner if he is involved in more than two

criminal cases and the conditions under Standing Order 601 of the

Telangana State Police Manual are attracted.

BVR,J W.P.No.12341_2020

As a sequel thereto, miscellaneous applications, if any,

pending in the writ petition stand closed. No order as to costs.

____________________ B. VIJAYSEN REDDY, J 24.01.2023 Note: Issue CC by tomorrow.

B/o vv