Mohd Murthuza Ali vs The State Of Telangana And 5 Others
2023 Latest Caselaw 1125 Tel

             THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                       WRIT PETITION No.4701 of 2023
ORDER:

This writ petition is filed to declare the action of the

respondents in continuing the rowdy sheet opened against the

petitioner on 10.11.1997 as illegal and arbitrary.

2. As per the counter affidavit filed by the respondent No.6,

the petitioner is involved in the following crimes:

i. Cr.No.292/1996 for the offence U/s. 302 IPC of Saroor Nagar Police Station and the case is acquitted against the petitioner on 19.08.2004 vide SC No.205/2003 on the file of the Hon'ble II Addl. District and Sessions Judge at L.B. Nagar.

ii. Cr.No.192/1997 for the offence U/s. 307 IPC of Langer House Police Station and the case is acquitted on 29.09.2000 on the file of the IV AMSJ, Nampally vide SC.No.578/1998.

iii. Cr.No.316/1997 for the offences U/s. 363, 324, 506 IPC of Rajendranagar Police Station and the case is acquitted on 10.04.2003 vide CC No.1497/1999 on the file of the JFCM West and South at L.N. Nagar.

iv. Cr.No.129/1998 for the offence U/s. 324, 506 IPC of Rajendra Nagar Police Station and the case is compromised on 04.11.2001 vide CC No.435/2001.

v. Cr.No.284/2002 for the offences U/s. 365, 384 IPC of Chadarghat Police Station, in this case after filing of charge sheet the case was discharged U/s 239 Cr.P.C. vide CC.No.697/2006 on the file of VIII Addl. Chief Metropolitan Magistrate at Nampally.

vi. Cr.No.511/2002 for the offence U/s. 307 IPC of Rajendra Nagar Police Station and the case is acquitted on 07/11/2005 vide S.C.No.622/2004 on the file of the V ASSJ at L.B. Nagar.

vii. Cr.No.73/2005 for the offences U/s. 147, 148, 307, 302 r/w 149 IPC of Rajendra Nagar Police Station and the case is acquitted on 27.02.2007 vide SC No.119/2007 on the file of the V Addl. District and Sessions Judge Court at L.B. Nagar.

viii. Cr.No.605/2005 for the offence U/s. 110 Cr.P.C. on the file of respondent No.6 Rajendra Nagar Police Station, Cyberabad and the petitioner bind over for good behaviour on 12.09.2005.

ix. Cr.No.107/2011 for the offences U/s. 147, 148, 302, 307, 324 r/w 149, 120(B) IPC and Sec. 25(1) (B) of Arms Act of Bahadurpura Police Station and the case is acquitted on 31.08.2017 vide SC No.110/2013 on the file of the I Addl. Metropolitan Sessions Judge at Nampally.

x. Cr.No.66/2015 for the offences U/s. 147, 148, 302, 201, 212 r/w 149, 120(B) IPC and Sec. 25(1) (B) of Arms Act of Bahadurpura Police Station and the case is acquitted on 04.02.2022 vide SC No.631/2017 on the file of the Hon'ble VII Addl. Metropolitan Sessions Judge at Nampally.

xi. Cr.No.135/2015 for the offences U/s. 506,, 507 IPC of Dabeerpura Police Station and the case is under PT vide CC.No.40/2016 on the file of the VIII Addl. Chief Metropolitan Sessions Judge at Nampally.

xii. Cr.No.44/2016 for the offence U/s. 107 Cr.P.C. on the file of respondent No.6 Rajendranagar Police Station and the petitioner bind over for good behaviour on 16.01.2016.

xiii. Cr.No.869/2016 for the offences U/s. 420, 384 r/w 34 IPC of Rajendranagar Police Station and the case is compromised in Lok Adalat on 08.03.2019 vide CC 1249/18 on the file of the IX ADdl. Metropolitan Magistrate Court at Rajendranagar.

xiv. Cr.No.230/2019 for the offences U/s. 341, 506 r/w 34 IPC of Bahadurpura Police Station and the case is under PT vide CC No.248/2020 on the file of Special Judicial First Class Magistrate for Excise Cases at Nampally.

xv. Cr.No.1544/2020 for the offence U/s. 107 Cr.P.C. on the file of respondent No.6 Rajendranagar Police Station, Cyberabad and the petitioner bind over for good behaviour on 17.09.2020.

3. Learned Assistant Government Pleader for Home fairly

conceded that except the cases referred at Sl.Nos.11 and 14,

all other cases have been closed or ended in acquittal.

4. Learned counsel for the petitioner submitted that the

petitioner cannot be branded as a habitual offender and the same is

contrary to the Police Standing Order 601 of the Telangana Police

Manual.

5. In order to brand the petitioner as habitual offender in terms

of Clause A of Standing Order 601 of the Telangana Police Manual,

there should be more than two cases pending against him.

As per the decision of this Court in MAJID BABU v. HOME

SECRETARY, GOVERNMENT OF ANDHRA PRADESH1 it was held

that two instances of involvement in criminal cases would not make

a person a 'habitual offender' and that at least more than two

instances should be present before a person can be described as a

habitual offender. Following the aforesaid decision, this Court in

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

2020 dated 01.06.2021), held that the requirement of involvement

in at least more than two cases for inferring that the petitioners

were habitual offenders was not established. Thus, the opening of

rowdy sheet in the name of the petitioner is therefore contrary to

(1987) 2 ALT 904

the procedure laid down under Telangana Police Manual and

procedure laid down in the judgment supra.

6. In view of the above observations, the writ petition is

allowed. The respondents are directed to forthwith close the rowdy

sheet opened against the petitioner. The respondents 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 Police Standing Order 601 of the Telangana

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 March 10, 2023 DSK