Telangana High Court
Chirraboina Sai Baba Yadav vs The State Of Telangana on 13 February, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.941 OF 2025
ORDER:
(ORAL)
The writ petition is filed seeking to declare the action of the
respondents in opening the rowdy sheet against the petitioner,
without following due process of law, as being arbitrary and illegal.
2. Heard Mr. Immaneni Rama Ramo, learned counsel for the
petitioner and Mr. M. Srinivas, learned Assistant Government
Pleader for Home.
3. In paragraph No.3 of the counter affidavit filed by respondent
No.4 - the Assistant Commissioner of Police, North Zone,
Hyderabad, it is stated that petitioner was involved in six (6) crimes.
In the case shown at Sl.No.1 i.e., Crime No.120 of 2006 of
Marredpally Police Station, wherein, charge sheet was filed in S.C.
No.513 of 2006, and the case was ended in acquittal. In the case
shown at Sl.No.2 i.e., Crime No.194 of 2012 of Marredpally Police
Station, wherein, charge sheet was filed in S.C. No.21 of 2017, and
the case was ended in acquittal. In the case shown at Sl.No.3 i.e.,
Crime No.132 of 2012 of Thukaramgate Police Station, wherein,
charge sheet was filed in C.C. No.1461 of 2017, and the case was
ended in acquittal. In the case shown at Sl.No.4 i.e., Crime No.215
of 2014 of Marredpally Police Station, wherein, charge sheet was
filed in C.C. No.623 of 2015, and the case was ended in acquittal.
In the case shown at Sl.No.5 i.e., Crime No.295 of 2014 of
Marredpally Police Station, wherein, charge sheet was filed in
C.C. No.987 of 2016, and the case was ended in acquittal. In the
case shown at Sl.No.6 i.e., Crime No.247 of 2016, wherein, charge
sheet was filed in C.C. No.645 of 2017, and the case was ended in
acquittal. Hence, there are no cases pending against the petitioner.
Thus, continuance of rowdy sheet against the petitioner is illegal and
arbitrary.
4. As per the decision of this Court in MAJID BABU V.
HOME SECRETARY, GOVERNMENT OF ANDHRA
PRADESH 1, in order to classify a person as a habitual offender, he
should be involved in more than two criminal cases. Following the
aforesaid judgment, this Court in Mansoor Shah Khan v. State of
(1987) 2 ALT 904
Telangana (W.P.No.22980 of 2020 dated 01.06.2021), held that
rowdy sheet cannot be opened against a person unless he is involved
in more than two criminal cases. The requirement of involvement in
at least more than two cases for inferring the petitioner herein as
habitual offender is not established in this case. Hence, the
continuance of rowdy sheet against the petitioner is unsustainable.
5. In view of the above, the writ petition is allowed.
The respondents are directed to forthwith close the rowdy sheet
opened against the petitioner. However, this order shall not preclude
the respondent authorities to open a rowdy sheet against the
petitioner, if the petitioner is involved in more than two (2) criminal
cases, by following due process of law and in accordance with the
conditions prescribed in the Order No.601 of the Telangana State
Police Manual (TSPM). There shall be no order as to costs.
As a sequel thereto, miscellaneous applications, if any,
pending in the writ petition stand closed.
______________________
B. VIJAYSEN REDDY, J
February 13, 2025.
Note: Issue CC by 14.02.2025 (BO) MS.
