As held by this Court in Mansoor Shah Khan v. State c,f Telangana
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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 27609 OF 2024 Between: Bangaru Raju, S/o. Satyanarayana, Aged about 33 years, agrictrlture coolie, Resident of H. No. 8-2, Shivapuram Street, Venkatapuram Mllage and Mandal, Mulugu District. .PETITIONER AND
4. The State of Telangana, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad. The Superintendent of Police, Mulugu, Mulugu District. The Assistant Superintendent of Police, Eturunagaram, Eturunagaram Mandal. Mulugu District. The Station House Officer, Venkatapuram Police Station, Venkatapuram Village and Mandal, Bhadradri-Kothagudem District. RESPONDENTS Petition under Articte 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandarnus declaring opening of Rowdy Sheet by respondents as being illegal, arbitrary and against to Standing Orders of Telangana Police Manual and violative of Art. 14 AND 21 of the Constitution of lndia, 1950. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct respondents; not to interfere with petitioher personal life and liberty under guise of opening Rorrvdy Sheet by respondents pending disposal of writ petition. Counselfor the Petitioner:SRl. R. R. KALYAN Counsel for the Respondents: AGP FOR HOME The Court nnade the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR PETITION N ORDER: Heard learned counsel for the petitibner and learned Assistant Government Pleader for Home appearing for respondent Nos.1 to 4. With their consent this writ petition is taken up for disposal.
2. This writ petition is filed aggrieved by the action of respondent No.4 in opening Rowdy Sheet against the petitioner without following due process of law as illegal, arbitrary and against to Standing Orders of Telangana Police Manual and violative of Articles 14 and 21 of the Constitution of India.
3. The brief facts of the case as stated in the affidavit are that petitioner is arrayed as A4 in Crime No.15 of 2024 and sole-accused in Crime No.L34 of 2024 of Venkatapuram Police Station. He submitted that in Crime No.15 of 2024, complainant was not having any land as was stated, which is clear from revenue records and the said complaint was made only with an ulterior motive, however, he obtained anticipatory bail in the said crime vide order in Crl.P.No.8473 of 2024. It is further submitted that he worked as agriculture coolie during season in lands belong to one Madapa Nikhil and others and when he was attending agriculture works in his lands, complainant therein tried to illegally enter and interfere with agricultural activities, which was restrained by petitioner, as such he r.vas illegally attributed in the second crime without any iota and a false complaint was made against the petitioner however, against the said complaint he filed Crl.P.No.8158 of 2024 and the 2 same is pending for consideration before this Court. He further submitted that in b,tth cases, though they are civil in nafure, petitioner claims that he has nothing lo do with either of those two cases as such he was falsely implicated in the strid cases. It is further submitted that 3.a respondent has opened impugned Rowdy sheet against the petitioner through ingredients required under srandings orders are not existing and furf,red and the same was opened rvith an ulterior motive. It is further submitted that petitioner came to know about opening Rowdy sheet against him when his photo was exhibited in open public and thereafter he approached 4th respondent and sought details with regard to same however, petitioner was not provided with any details or proceeding with regard to the same. euestioning the same, the present writ petition is filed 4- The Assistant superintendent of porice, Eturunagaram sub_Division, Mulugu l)istrict in his counter would submit that petitioner is involved in Crime Ncs.15 of 2024and 134 of 2024of venkatapuram porice station, Murugu District. 5' [t is submitted that all the above cases are under investigation. It is further submitted that the petitioner is main associate and follower of Rowdy sheeted Person Mr. Raja Raghavaraju Kiran Kumar varma, who is the successor of Nuguru Taruk Zamindari Estate and Advocate and the said Rowdy s^eeted person is using the petitioner to commit criminar acts of intimidati,n against those concerned with lands donated by his grand father and the l;mds of others by sending the petitioner on those lands with an G intention to encroach in those lands. Tire said acts of petitioner is creating J panic in the minds of the public and grave concern that they cannot stay securely in areas which results in serious threat to public tranquility and disturbance and would create law and order problem in the locality and due to fear they are not giving their identity and there is every possibility of his involvement in other cognizable offences and in the above circumstances, it is necessary to keep him under regular reconnaissance from involving in subversive activities #fecting the community. Therefore, 4h respondent sent proposals dated 02.09.2024 requesting the then Assistant Superintendent of Police, Eturunagaram to accord permission to open Rowdy Sheet against the petitioner so as to prevent the petitioner from committing criminal activities and to save the conunon people. [t is further submitted that as per A.P.P.M. Order No.601 (B), the then Assistant Superintendent of Police, Eturunagaram, issued orders vide proceedings dated 09.09.2024 according permission to open rowdy sheet against the petitioner and the said rowdy sheet is being continued from time to time by conducting periodical reviews and it stands renewed from time to time. It is further submitted that the respondents are following the due procedure in opening and continuing/renewing the rowdy/suspect/history sheets and the concerned police are following the procedure as per A.P.P.M Orders 599 to 602 as well as Circular and reviewing the case
6. Learned counsel for the petitioner submitted that as on today only two cases are pending against him. It is further submitted that this Court in similar set of f,rcts and circumstances vide order dated 20.02.2023 passed in . W.P.No.-/,4846 of 2022 allowed the writ petition directing the respondents therein to close the rowdffiGdt against the petitioner therein forthwith. The relevant oaragraph is extracted for reference: "5. As held by this Court in Mansoor Shah Khan V. State c,f Telangana (W.P.No.22980 of 2020 dated 01,.06.2021), opening or ,continuing rowdy sheet against accused is not permissible unless they are involved in more than two criminal cases. Apart from that ectivities of the accused must be causing breadr of peace, public tranquility, security and public order etc. As admitted by the learned Assistant Government Pleader for Home, the petitioner is involved only in one crime.
6. Therefore, the writ petition is allowed directing the lespondents to close the rowdy sheet opened against the petitioner Iorthwith. The police are given liberty to open rowdy sheet against lhe petitioner if he involved in more than two crimes and the r:onditions prescribed in standing Order No.601 of Telangana police .VIanual Standing Orders are attracted. No order as to costs."
7. lrt the case on hand, as submitted by the learned counsel on either side there are only two cases pending against the petitioner.
8. In that view of the matter, this writ petition is allowed directing the respondents to close the rowdy sheet opened against the petitioner forthwith. Its made clear that the respondents are at liberty to open rowdy sheet aga.inst the petition:r if he is involved in more than two crimes subject to the conditions prescribed in Standing order No.601 of Andhra Pradesh police Manual 9- vvith the above directions, this writ petition is allowed. 6 Miscellaneous applications, if any pending, shall stand closed. No order 5 as to costs. Sd/.T.SRI NIVASA REDDY AI{T REGI //TRUE COPY// OFFICER To, 1 The PrinciPal Hyderabad. SecretarY, Home DePartment' State of Telangana'
2. The Superintendent of Police' Mulugu' Mulugu District' 3.TheAssistantSuperintendentofPolice,Eturunagaram,Eturunagaram Mandal. Mulugu District'
4.TheStationHouseoffioer,V.el.[algouramPoliceStation,Venkatapuram Vi I I a g e a n o rrn a ni; Ia hi-d iuliiKoin'as u o em D i stri ct. 5. One CC to SRl. R' R" KALYAN' Advocate [OPUC] - 6.TwoCCstoGPFoRHoME,HighCourtfortheStateofTelanganaat HYderabad . [OUT]
7. Two CD CoPies tkDAN PMK , t HIGH COURT DATED:1810912025 ORDEFI WP.No.27609 of 2024 Iirt s ( o * 1 6 t;'rl 21116 ) t aATc ALLOWING THE WRIT PETITION WITHOUT COSTS \ 1 V$)