Zeeshan Ali Khan vs The State Of Telangana
2025 Latest Caselaw 2781 Tel

Telangana High Court

Zeeshan Ali Khan vs The State Of Telangana on 4 March, 2025

Author: B. Vijaysen Reddy

Bench: B. Vijaysen Reddy

     THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                WRIT PETITION No.3077 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. E. Venkata Siddhartha, learned counsel for the

petitioner, and Mr. R. Laxmikanth Reddy, learned Assistant

Government Pleader for Home.

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

No.3, it is stated that petitioner was involved in four (4) crimes. In

the case shown at Sl.No.1 i.e., Crime No.199 of 2016 of

Bahadurpura Police Station, wherein, charge sheet was filed in S.C.

No.337 of 2021, the case was ended in acquittal by judgment dated

18.10.2024. In the case shown at Sl.No.2 i.e., Crime No.36 of 2017

of Prohibition and Excise Station Nampally, wherein, charge sheet

was filed in S.C. (NDPS) No.61 of 2020, the case is pending trial

before the learned I Addl. Metropolitan Sessions Judge, at Nampally,

Hyderabad. In the case shown at Sl.No.3 i.e., Crime No.446 of 2018

of Panjagutta Police Station, wherein, charge sheet was filed in S.C.

No.337 of 2021, the case ended in acquittal on 23.06.2022. In the

case shown at Sl.No.4 i.e., Crime No.79 of 2021 of Kadtal Police

Station, wherein, charge sheet was filed in C.C. No.1453 of 2022,

the case is pending trial before the learned Judicial Magistrate of

First Class, Amangal, Ranga Reddy District. 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

March 04, 2025.

MS