Mohammed Abdul Rahman Soofiyani vs The State Of Telangana
2025 Latest Caselaw 2910 Tel

Telangana High Court

Mohammed Abdul Rahman Soofiyani vs The State Of Telangana on 7 March, 2025

Author: B. Vijaysen Reddy

Bench: B. Vijaysen Reddy

     THE HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

                WRIT PETITION No.19099 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. C. Sharan Reddy, 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 the

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

i.e., Crime No.187 of 2023 of IS Sadan Police Station registered

under 302, 348, 364-A, 386 and 506 read with Section 34 of the

Indian Penal Code (IPC) and the case is under investigation. There

is only one (1) criminal case 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

cases, by following due process of law and in accordance with the

(1987) 2 ALT 904

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 07, 2025.

MS