Shaik Mazhar Alias Majju vs The Government Of Telangana
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Telangana High Court

Shaik Mazhar Alias Majju vs The Government Of Telangana on 18 February, 2025

Author: B. Vijaysen Reddy

Bench: B. Vijaysen Reddy

     THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                WRIT PETITION No.36108 OF 2024

ORDER:

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. T. Anirudh Reddy, learned counsel for the

petitioner and Mr. M. Srinivas, learned Assistant Government

Pleader for Home.

3. In paragraph No.4 of the counter affidavit filed by the

respondents, it is stated that petitioner is involved in solitary crime

i.e., Crime No.344 of 2006 of Vikarabad Police Station registered

under Sections 147, 148 and 302 read with Section 149 of Indian

Penal Code 1860, wherein, charge sheet was filed in S.C. No.1 of

2012 before the learned XII Additional District and Sessions Judge,

Vikarabad, Ranga Reddy District, and petitioner was acquitted vide

judgment dated 31.12.2016. There are no criminal 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

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

(1987) 2 ALT 904

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 18, 2025.

MS