Telangana High Court
Gundaboina Tirupati vs The State Of Telangana on 22 January, 2025
Author: B. Vijaysen Reddy
Bench: B. Vijaysen Reddy
THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.20330 OF 2024
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. Mekala Santhosh Kumar, learned counsel for the
petitioner and learned Assistant Government Pleader for Home.
3. In paragraph No.3 of the counter affidavit filed by respondent
Nos.2 and 3, it is stated that petitioner was involved in six (6)
crimes. In the case shown at Sl.No.1 i.e., Crime No.71 of 2014,
wherein, charge sheet was filed in C.C. No.161 of 2014, the
petitioner was acquitted by the judgment dated 05.12.2014. In the
case shown at Sl.Nos.2 and 3 i.e., Crime Nos.2 of 2020 and 40 of
2020, after completion of investigation, the cases were referred as
'Civil in Nature' and final report to that effect was filed before the
concerned Court on 29.04.2020. In the case shown at Sl.No.4 i.e.,
Crime No.75 of 2020, wherein, charge sheet has been filed in
C.C. No.906 of 2022, the case is pending trial. In the case shown at
Sl.No.5 i.e., Crime No.92 of 2020, wherein, charge sheet has been
filed in C.C. No.1027 of 2022, the case is pending trial. In the case
shown at Sl.No.6 i.e., Crime No.10 of 2021, during the course of
investigation, the name of the petitioner was deleted from the array
of accused and charge sheet has been filed in C.C. No.178 of 2021,
the case is pending trial. Hence, there are only two (2) 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
(1987) 2 ALT 904
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
January 22, 2025.
MS
