High Court · 2025

Judgment

4. 5 The State of Telangana, Represented by its Principal Secretary Home Department, Secretariat, Hyderabad The Commissioner of Police, Banjarahills, Telangana State The Deputy Commissioner of Police, South East Zone, Telangana State The Assistant Commissioner of Police, Bandlaguda,Division, Hyderabad, Telangana State The lnspector of Police, chandryangutta, Police station, Hyderabad ...RESPONDENTS

petition under Article 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 any writ, order or direction more particularly one in the naiure of WRIT OF MANDAMUS declaring the action of the Respondent No.S in opening Rowdy Sheet against the Petitioner, without following due process of Law, as illegal, arbitrary and against the principles of natural justice and in violation of Articles 14 and 21 of the Constitution of lndia, besides violation of this Hon'ble Court directions and consequently direct the Respondents to close the Rowdy Sheet against the Petitioner pending before the Respondent No.5 and not to interfere into the Petitioner's life and liberty. 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 the Resoondents to close the Rowdy Sheet against the Petitioner pending before the Respondent No.5, and not to interfere into life and liberty as well as day to day affairs of the Petitioner, pending disposal of main Writ Petition. Counsel for the Petitioner : SRI HABEEB ABUBAKARALHAMED Counsel for the Respondents: GP FOR HOME The Gourt made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT No.35316 of 2024 ORDER: This writ petition is filed seeking following prayer- "to direct the Respondents to close tlrc Rorudy Sluet against the Petitioner pending before the Respondent No.S and not to inte.rfere into the Petitioners life and liberty, as illegal, arbitrary and against the principles of natural justice and in uiolation of Articles 14 and 2L of tlrc Constitution of India, besides aiolation of this Court directions and more particularly one in tlrc nature of Writ of mandamus."

2. Brief facts of the case are that the petitioner is working as a car ciealer and some local persous have foisted false cases against him which have been registered as crimes for various offences narnely (i) C.C.No.442 of 20L8 on the ['ile of the learned XIV Atlditional Chief Metropolitan Magistrate, Hyderabad at Nampally, for the offences punishable under Sections 147,748, 323, 427 and 153-4 of IPC; (ii) C.C.No.817 of 201.4 on the file of the XIV Aclditional Chief Metropolitan Magistrate, Hyderabad at Nampally, for the offences punishable uncler Sections 1.47 ,1.48,323, 427 and 153-4 of IPC; and (iii) C.C.No.973 of 201.6 on the file of XIV Additional Chief Metropolitan Magistrate, Hyderabad at Nampally, for the offences punishable under Sections 147,748, 323, 427 and 153-4 of IPC, which were ended in acquittal. Subsequently, no appeals have been preferred by the Governrnent and the said acquittal orders have attained finality, and there are no crimes pending against the petitioner in any Police Station as on date. However, basing on the alteged offences, respondent No.5 opened a rowdy sheet against the petitioner. The grievance of the petitioner is \ 2 that evel thorigh rro criminal cases are pending against hirn, respondents are coptinuing ro,ardy sheet agairtst him. Aggrievecl by the salne, the present petition is filecl.

3. Tlris Cotut vide order dated 76.1.2.2(124 clirected respondents No.4 ancl 5 not to summc,tl the petitioner to the Police Station unless he is involvecl in ffrore than tr,r,o (2) pending criminal cases and the conditions prescribecl in the Orcler 601 of tlie Telangana State Policc \{anual (TSPM) are attracted.

4. A countcr has been filed by respondent trlo.4 stating that the petitioner is involvecl ir, the foltowing criminal cases namely (i) C.C.No.442 of 2018, wlrich rvas ended in acquittal on27.03.2023 before tl'rc XIV Additional Chief Metropolitan Magistrate, Hyderabad at Nampally, [c,r the offences punishable under Sections 147, 148,323, 427 and 153-4 of IPC; (ii)'C.C.No.817 of 201'4 r,vhich rlras er1,lec1 in acquittal on 29.03.20252 before the XIV Additional Chief Metropotitan lrlagistrate, Flyderabad at Nampally, frtr the offences punishable uncfer sections 147,748,323, 427 and 153-A of IPC; (iii) c.c.No.818 of 2074 which was ended in acquittat on L6.02.2021, beforc the XIV Additional Chief Metropolitan Magistrate, HyderaL'ad at Nampally, for the offences punishable under sections '1.47,1.48,435,324 r/w. 1.49 IPC and 153-A of IPC; and (iv) C.C.No.973 ctf 2016 which was ended in acquittal on 02.11.2018 before the XIV Additional Chief Metropolitan Magistrate, ityderabarl at Nampally. It is further submitted that in view of the involvement of the petitioner in the above criminal cases, it has become incumbent on the part of the Police to open rowdy sheet against the petitioner on the file of respondent No.5 to keep aJ a watch on his activities as per the proceedings of the Assistant Commissioner of Police, Falaknuma Division, Hyclerabad, vide No.692/OW/Divn-F n/ 2010, dated 24.06.2010 and the same is continued up to 31,.12.2025. It is further submitted that the petitioner is continuously indulging in the commission of lavvless acts involving breach of public peace and tranquility, as such, his activities are liable to be watched and it is just and necessary to continue to maintain the rowdy sheet against the petitioner as there are no other grounds \ \ to close the same. It is further submitted that the respondents are following procedure as per Accreditation Policy and Procedure Manual (in short A.P.P.M.) orders 599 to 602 as per the Circular issued by the Director General of Police, Hyderabacl vide C.No.2172 /CL3/SCRB/CID/TS/71 dated

22.07.2022 stating to follow due procedure in opening and continuing the rowdy sheets, as such, the respondents are following the procedure laid down under A.P.P.M. orders 599 to 602 as well as the Circular issued by the Director General of Police, Hyderabad vide C.No.2172/ CL3/SC.RB/ CID /TSl11" dated

22.07.2022 and that they are following the circular and reviewing the case.

5. The Learned Assistant Government Pleader for Home submits that all the cases pending against the petitioner have been ended in acquittal, and at present no cases are pending against the petitioner.

6. Recording the submissions of tl're learned counsel for the petitioner and learned Assistant Government Plead.er for Home, since no cases are pending against the petitioner as on date, this writ petition is disposed of directing the respondents to close the rowdy sheet against the petitioner. The petitioner "\ 4 shall not in<iulge in any criminal activities, which would prornpt the respondents to open and continue the rowdy sheet against the petitioner again.

7. Misceil,rneous applications, if any pending, shall stand closed. No order as to costs ,t. :': SD/. A.H.S. GOWRI SHANKAR REG //TRUE COPY// OFFICER To,

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

2. The Commissioner of Police, Banjarahills, Telangana State 3. The Depr.rty Commissioner of Police, South East Zone, Telangana State 4. The Assistant Commissioner of Police, Bandlaguda,Division, Hyderabad, Telangana State

5. The lnspector of Police, chandryangutta, Police station, Hyderabad 6. One CC to SRI HABEEB ABUBAKAR ALHAMED, Advocate. [oPUC] 7. Two CCs to GP FOR HOME, High Court for the State of Telangana. [OUT] 8. Two CD tlopies. BSK BM Yv l-) G HIGH COURT DATED:1 3/08/2025 ORDER WP.No.35316 of 2024 e. e () 1 it;:' "' :-':::\i- i ;'--\' ' :.-' ,. '1 ' u'',r.'..\.' .' I \.'i' $ I [rC 2t125 * o t' l v u( (t- l]'.: ', . -. r- , .,.' - -*.._- DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\rdn^ &*