Citation : 2025 Latest Caselaw 2221 Tel
Judgement Date : 17 February, 2025
HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.36958 OF 2024
ORDER :
(ORAL)
This writ petition is filed by the petitioner seeking to declare the
action of the respondent authorities in opening rowdy sheet against him
and frequently summoning him to the Police Station, as being illegal,
arbitrary and unconstitutional.
2. Heard learned counsel for the petitioner and learned Assistant
Government Pleader for Home, and perused the material on record.
3. Learned counsel for the petitioner submitted that the petitioner is
involved in Crime No.625 of 2018 dated 21.07.2018 registered with
Mailardevpally Police Station for the offence punishable under Section
307 read with Section 34 of the Indian Penal Code (IPC) wherein charge
sheet has been filed before the learned IV Additional Sessions Judge,
Ranga Reddy District vide S.C. No.669 of 2019 and the petitioner was
acquitted by judgment dated 11.10.2022. Learned counsel submitted that
opening and continuation of rowdy sheet against the petitioner basing on a
solitary crime is unwarranted and unjust.
4. Learned Assistant Government Pleader for Home, while opposing
the writ petition, submitted that the rowdy sheet was opened against the
petitioner on the strength of the above said solitary crime in order to
ensure that there is no breach of public peace and tranquillity.
5. This Court in Mansoor Shah Khan v. State of Telangana
(W.P. No.22980 of 2020 dated 01.06.2021) case, held that a person can be
labelled as 'habitual offender' if he is involved in more than two (2)
criminal cases. Admittedly, no criminal case is pending against the
petitioner as on today.
6. In view of the above, the writ petition is allowed and the rowdy
sheet opened against the petitioner shall be closed forthwith. However,
this order shall not preclude the respondent authorities to open a rowdy
sheet against the petitioner by following due process of law, if he is
involved in more than two (2) pending criminal cases and the conditions
prescribed in the Order No.601 of the Telangana State Police Manual
(TSPM) are satisfied. 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 17, 2025 RRK
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