High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of respondents more particularly that of respondents 3, 6 and 7 opening/continuing rowdy sheet even after the acquittal of Petitioner in all such criminal cases which were pending against him latest of it being crime no 175 of 2019 which ended in acquittal in lieu of the compromise in CRLP No 779712019 on the file of this Honorable Court vide a Judgment dated 30.12.2019 further frequently calling the petitioner to bind over before Special Executive Magistrate, time again interfering with his life and liberty as being illegal, arbitrary, unconstitutional, against the letter and spirit of catena of Judgments rendered by Honorable Supreme Court on Human Dignity and protection of Human Rights more particularly that of Judgment of this Honorable Court in WP No 773312015 in case of M. Malla Reddy V State of Telangana apart from being violative of Articles 20 and 21 of the Constitution of lndia, and consequently direct the respondents to close the rowdy sheet against the petitioner lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in sufport of the petition, the High Court may be pleased to direct the respondents more particularly that of respondents 3 to 7 not to interfere with the life and liberty of the petitioner by calling him to their offices and police station/s, on a pretext of counseling, offering undermining threats, making him sit for hours together in continuance of Rowdy Sheet against the petitioner pending disposal of the case Counsel for the Petitioner: SRl. IMMANENI RAMA RAO Counsel for the Respondents: SRI M. SRINIVAS, AGP FOR HOME The Court made the following: ORDER I I / THE HONOURABLE SRI JUSTTCE B. VIJAYSEN REDDY WRIT PETITION No.826 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. Immaneni Rama Ramo, leamed counsel lor the petitioner and Mr. M. Srinivas, leamed Assistant Govemment Pleader for Home.

3. No.4 In paragraph No.3 ofthe counter alfidavit filed by respondent the Assistant Commissioner of Police. North Zone, Hyderabad, it is stated that petitioner was involved in six (6) crimes. In the case shown at Sl.No.l i.e., Crime No'57 of 2011 of Marredpally Police Station,, wherein, charge sheet was flled in C.C' No.4l4 of 2011, and the case was ended in acquittal. In the case shown at S1.No.2 i.e., Crime No.132 of 2012 of Thukaramgate Police Station, wherein, charge sheet was f-rled in C.C. No'1461 of 'acquittal. In the case shown at 2017, and the case was ended in 2 Sl.Nos.3 and 6 i.e., Petty Case Nos.3748 of 2011 and 8819 of 2024 under Sections 70(b) and 70(c) of the Hyderabad City Police Act, 1348 F respectively, wherein, fine was imposed on the petitioner. In the case shou.n at Sl.No.4 i.e., Crime No.96 of 2013 has been quashed by the order of this Court dated 18.11.2013 in Crl.P. No. 11878 of 2013. In the case shown at S1.No.5 i.e., Crime No.l75 of 2019, wherein, the case against the petitioner was closed as "undetected" vide proceedings No.195/CC-PER/ACP-GP/2020. Hence, there are no 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', in order to classifo 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 ' 1t98ty:.+Lt oo+ a'7.=v/ '/' ,/, , I 3 in more than two criminal cases. The requirement of involvement in at least more than two cases for infer:ring 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 conditions prescribed in the Order No.601 of the Telangana State Police Manual (TSPM). There shall be no order as to costs' Asa sequel thereto, miscellaneous applications, i1- any, pending in the writ petition stand closed. _--_.1 .- ,. -r l I //TRUE COPY// SD/- N. RAJA PAL ASSISTANT R G TRAR SECTION FFICER To, erate, Command Contro l, Banjara Hills, Hyderabad. Commissonera te, Court ComPlex' Secunderabad Commissonerate, Court ComPlex' Secunderabad Commissonerate, North Zone, Secunderabad

1. The PrinciPal Secretary Home, T. S Secreteriait, HYderabad 2. The Commissioner of Police, HYderabad Commisson Commissioner of Police' North Zone, 3. The DePutY 4 The Assistant Commissioner of Police, North Zone, 5. The lnsPector of Police, Comm issioner's, Task Force, HYderabad Police 6. The lnsP ector of Po lice, P.S Mared PallY, Secu nderabad 7. The Sub-lnsPector of Police, P.S MaredP ally, Secunderabad 8. One CC to S RI. IMMANENI RAMA RAO, Advoc ate [OPUCI ME,High Court for the State of Telangana at Hyderabad Hyderabad GP FOR HO r r- -r^-^r-^, fAI I HIGH COURT DATE D : 1 310212025 ORDER WP.No.826 of 2025 / CC TODAY 1 ge STAIG o ,J 14 FIE 2il?5 c, N7z, * Dr s o/.,1 ALLOWING THE WRIT PETITION WITHOUT COSTS U ti.