Mukthevi Girrsh v. The State oll Telangana

Petition under A(icle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filecl therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of l\rlandamus declarrng the action of the respondent No.4 in issuing the lmpugned Proceedings vide C. No.32lSDpO-pVC/2 O22, dated 041O212O22 and registered the Rowdy S heet against the petitioner, without having any valid ground detaining the petitioner in police stalion on each and every occasion of meetings, elections and other important programmes and non_ initiating to clelete tf e Rowdy Sheet ag;:inst the petit : r' rT rs trighly illegal, arbitrary, unconstrtuironal, violation of Principles of Natu , iuslice and also in violation of Articles 14 and 21 of the Constil.ution of lndia a, J sel aside the above lmpugned Proceedincts. and consequently direct the 4th ' ,,porrr.lt:nt to remove the roivdy shcet irg3inst the petitionr:r vide lnrpugr I Proceedrngs vide C.No.32lSDPO -PV'a 2022, dated O4102120i22 without ha," r any ,ralrd grounds. not to detain tho p.ilrtioner in police stalion on each :,r r-,vCr,l occasion of meetings electrons; and other important programmes an(r t) dolete the Rowcly Sheet against the p e tilio ner. lA NO: 1 OF 2023 Petition undt:r Section 151 CPC praying that in the I .,tunrstances stated in the affidavit frled rn support of the petition, the High CcL, ;r:ry 5e pleased to set aside the rowdy sheet against the petitioner vide lmpurt.rr rl Proceedings vide C. No.32i S DPO -PV()12022, daled 04.O2.20:22, without hav rr any valid grounCs, not to detain the lctrtioner in police station on each a, j ev,3r), occasion of meetings, elections and other important programmes an( i, dolete the Rowdy Sheet against the petitioner pending disposal of the writ pet )n. Counsel for the Petitioner: SRI RAPOLU BHASKAR Counsel for the Respondents: AGP FOR HOME The Court made the following: ORDER '. .::*--''a.'-7 HONOURABLE SRI.ITISTICE B. VIJAYSEN REDDY wRlT PETITION No.24942 OF 2023 ORDER: This writ petition is filed seeking to declare action of respondent No.4 the Assistant Superintendent of Police, Palvancha, Bhadradri- Kothagudern District,, in opening rowdy-sheet against the petitioner vide Proccedings C.No.3 2/SDPO-PVC /1022 dated 0 4.02.2022.

2. Mr. Rapolu Bhaskar, lcarned counsel for the petitioner, submitted that the impugned proceedings are arbitrary, illegal and in violation of principles of natural justice and also Articles 14 and 2l of the Constitution of India. The petitioner worked as President of National Students Union of lndia (NSUI) o[ Kothagudem-Bhadradri District fiom 2017 to 2022. 'I'he petitioner had been agitating against several policy issues of the Govemment and he conducted dharnas belore the offices of the Collector and the District Educational Officer and also protest programmes against the ruling party. As the petitioner did not heed to the requests of the ruling party, they had bore grudge against him and got registered the following false cases against him: 2 II\R.,' \tt 2J9.u t0l3 Crime ]rlo 352 of 2020 fbr the o fl-ences undct li :ction l5l of the Codc ol' ('rinrinal l)roccdurc 1973 (Cr.P.Cl.1 I'elvarlcha 'I'ovu'n Policc litation-

2. Crirne l\o.269 ol 202 t tbr the of'fences unde t li rctions 143, 447, 506 arrrl 194-8 read lvith Section 149 ol the' Irdian l)enal Code 1860 ol'I'ulvancha l'oun [)olicc Station. l. CIirnc No.409 of 202 I lirr tlre offences un( L'r Scctions 294-8, 341 . 4tl of the Indian Penal Code 1860 an<i ! cctions 3(2)(va), 3( I )(r) ()l' thc Scheduled Castes and the S.'hcdulcd I'ribes (Prevcrrtion of Atrocities) Act 2015 of Palv rrllra 'fou'n Police Station

4. Crirnc No.0l of 2022 lbr the offences under (:ctions i02- 306 orvn Policc and 2 I 1l ol'the Indian I'}e nal Clode i 860 of Pal .rr cha 'l Slation.

3. It is furLhcr-subrnitted bv the learned counsel 1 'r lrc petitioner tl-rat the crirne shos,n at Serial No.l \\'as rcBistered under Se-li rn l5l olCr.P.C which cannot bt treated as a crime lor the purpose <, rllening a rowcly sheet. Section I 5 I ol Cr.P.C. is a special power confelr : I orr tlie police to arrest a person li.rr preventing cornmission of cognizabi: Ifl'cnce. Further' the crirne shown at Scrial Nos.2 and 3 are related [o plr]f crt) disputes and the petitioner V/iIS intentionall-v implicated in thost ( rilne's. l-camcd ,pry BI'R.,I \\P 11942 l0lj counsel placed on recold a copy of the judgrnent in Special Sessions Casc ) No.249 of 2021 dated 08.0 1.2025 passed by the leamed Special sessions Judge lor trial ot'the cases under the Scheduled Castes and the Schedulcd Tribes (Prevcrrtion of Atrocities) Act, Kharnmatn.

4. In the counter affidavit filed by respondent No.5 - the Deputy Superintendent ol Police, Palvancha l-ou'n Police Station, Bhadradri- Kothagudem District, it is submitted that the petitioner is a habitual o{}-ender. Rowdy sheet was opened against hirn tbr his involvernent in fbur (4) otfbnces. E,ven after opening rowdy sheet, the petitioner is involved in another case in Crime No. I 2 1 of 2023 of Palvancha Police Station which is pending trial in C.C. No. 1291 of 2023 befbre the learned Judicial Magistrate ol First Class, Palvancha. Hence, it is incumbent on the pafl of the police to open rowdy sheet and keep rvatch on the activities of the petitioner fbr curtailing his unlawful activities.

5. Learned Assistant Govemment Pleader for Home submitted that rowdy sheet is opened against the petitioner in accordance with the Standing Order No.60l of the Andhra Pradesh, and therefore, the writ petition is tiable to be dismissed. r-r-.--!lF .+ nvR..I \\P t{9t2 2023

6. ,\s seen tiom paragraph No.-l of the count. ' alfirlavit liled by rcsponclc'trt No.li. Crime No.3-51 of 2010 $,as closcd fhrts, out of tbtrr crimes, bascd or L ivhich roq,clr, sheet was opcned again:1 t te pctitioncr, only three crirnes nlentioned at Serial Nos.l. 3 and 4 are pcuc ing. []ori,cvcr, as per thc .judrrr,:nt Spccial Sessions Case No.l.1! of' 202 I dated

08.0 1.1025, C'rime No.409 ol'1021. rihich is menti,rn, d at Serial No.3 r,",hcreirr chargc sheet was Illcd and petitioner was tric,.l. )nded in acquittal of the nctitioner

7. It is contcnded by thc learned counsel fbr the prer.itioner that crirre at Serial No.2 is relate(l to cir il dispute. Howeve- his Court is not inclincd to go ir:to such crontcntion as it may not be nr.,:e tsary tbr disposal of this writ petition. -l'his Court in Mansoor Shah t,.han r'. Statc of Telangana (W.l'. No.22980 of'2020 dated 0l .06.2021 lreld that a person cannot bc labell<:cl as a habitual ofl'endel unless he is inr c vecl in ntorc than tu/o c[ nes. ()ut ol lour crimcs based on which rowd' s heet was opened, two cases havc been closcd and thus the petitioner car,lc t bc labcllccl as a habitual ofl'cndcr _ b+,.y' .[.-_ ..: -':r:::.'i;:a:..'."rt .' -.':j' _ ' / 5 BVRJ $P 219J2 20lJ

8. For the aforesaid reasons, the writ petition is allowed quashing the rowdy sheet against the petitioner in Proceedings C.No'32/SDPO- pYCl2O22 dared 04.02.2022 opened by respondent No.4. Ilorvever, as it is contended by the learned Assistant Govenlment Pleadcr for I{ome that evcn after opening rowdy shcet against the petitioner, he was involved in Crirrre No. 121 of 2023 of Palvancha Police Station which is pending trial in c.c. No.l29l of 2023 before the learned Judicial Magistrate of First class, Palvancha, liberty is given to respondent No.5 to open rowdy sheet against the petitioner if he is involved in more than two crimes and the conditions prcscribed in Standing order No.60l of the Andhra Pradesh are attracted. No order as to costs. As a sequcl thereto, miscellaneous applications, if any, pending in the writ petition stand closed. //TRUE COPY// SD/- MOMINA MEHAR ASSISTANT REG}XRAR SECTION6FICER To,

1. The Principal Secretary, Home Department, Secretariat Building, Secretariat, Hyderabad, State of Telangana.

2. The Director General of Police, Telangana State, Lakdikapul, Hyderabad. 3. The Superintendent of Police, Kothagudem, Bhadradrr-Kothagudem District. 4. The Assistant Superintendent of Police, Paloncha, Bhadradri-Kothagudem District.

5. The Deputy Superintendent of Police, Paloncha, Bhadradri-Kothagudem District.

6. The Circle lnspector of Polrce, Paloncha Town Police Station, Bhadradri- Kothagudem District ---r

7. The Sub-lnspector oI Police, Paloncha Town Policr, Station, Bhadradri- Kothagudem t)istrict. B. One CC to SRI RAPOLTJ BHASKAR, ltdvocate IOPUC] 9. Two CCs to 3P FOR HOttzlE, High Court for the Si r e of Telangana at Hyderabad [OtJT] \ 1 0. Two CD Copies BSR ry. HIGH COUR.T DATED:0711012025 CC TODAY i. ORDER WP.No.24942 of 2023 Lt\1 AIS :\f: Y o ) s 0t1 7 'l(i -7 2: r,) -\t., * pAT( S -,; + r',' .t -.,/ ./t { ALLOWING THE WRIT PETITION, WITHOUT COSTS \ [o