High Court · 2025

commiisrineiate, Court Complex, Secunderabad'

2. The Commissioner of Police, Hyderabad Commissonerate' Command 3. The Deputv Commissioner of Police.' North Zone' Hyderabad -' 4. The Assistant Commissioner of Police' North Zone ' Hyderabad ' 5. The lnsoector of Police, Commissioners' Task Force' Hyderabad Police Commisioneiate, CourtComplex, Secunderabad' Commislonerate, North Zone, Secunderabad'

6. The lnspector of Police, P'S Maredpally' Secunderabad' 7. The Sub-lnspector of Police, P'S Maredpally' Secunderabad' ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue an appropriate writ, order or direction more in the nature of Mandamus,declaringtheactionofrespondentsmoreparticularlythatof respondents 3,6 and 7 in opening/continuing rowdy sheet opened vide Memo No L&o/N6/184/2004datedl6lolt2oo4evenaftertheacquittalinSPLSCNo 2ll2olTonthefileofHonorableSpecialJudgeforTrialofoffencesunderS.Cs and STs (POA) Act-Cum-Vl Additional Metropolitan Sessions Judge, secunderabad and without there being any pending case for past g years, further binding over the petiticner before speciar Executive Magistrate and time again interfering with his rife and riberty as being as being iilegar, arbitrary, unconstitutionar, against the retter and spirit of catena of Judgments rendered by Honourable Supreme Court on Human Dignity and protection of Human Rights more particurarry that of Judgment of this Honorabre court in wp No 7733t2015 in case of M' Marra Reddy V State of rerangana apart from being viorative of Articles 20 and 21 or the constitution of rndia, and consequenfly direct the respondents to close the rowdy sheet against the petitioner. lA NO:1 OF 2024 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the respondents more particurarry that of respondents 3 to 7 not to interfere with the rife and riberty of the petitioner by carting him to their offices and police station/ s, on a pretext of counsering, offering undermining threats, making him sit for hou's together in continuance of Rowdy Sheet against the petitioner vide Memo No.L&o/N6/184t2004 dated 16101r2oo4 pending disposar of the writ petition. Counsel for the petitioner: SRt IMMANENt RAMA RAO counsel for the Respondents: sRr R.LAXMTKANTH REDDY, AGp FoR HOME The Court made the following: ORDER HONOURABLE SRIJUSTIGE B. VIJAYSEN REDDY WRIT PETITION No.358 62 oF 2024 ORDER:(ORAL) This writ petition is filed by the petitioner aggrieved by the action of the respondents in opening rowdy sheet against the petitioner.

2. Heard learned counsel for the petitioner and Mr. R. Laxmikanth Reddy, learned Assistant Government Pleader for Home, and perused the material available on record'

3. Learned counsel for the petitioner has drawn attention of this Court to paragraph No'3 of the counter affidavit filed by respondent No.4, wherein details of criminal cases registered against the petitioner are mentioned as under' "1. Crime No'6 of 1993 U/s' 147' 148' 452' 427' 506' 324 Rl/w. 149 ol lP of MarredPallY Police Station' Hyderabad. The case has been ended in compromise vide C.C.No.973/1996.

2. Crime No.11 of 1993 U/s' 147 ' 148' 427 Rlw' 149 of IPC of Marredpally Police Station' Hyderabad' The case has been ended in compromise vide C'C'No'978/1996'

3. Crime No'163 of 2OO2Uls' 147' 148 R/w' 149'453' 324 & 307 F/w' 34 of IPC of Marredpally Police Station' .,1 2 1 Hyderabad. The case has been ended in acquittal vide S.C.No.491/2004 by the Hon,ble Addl. Judiciat Sessions Judge.

4. Crime No.347 of ZOO7 Uts. 147, 148, 302,120 (B) R/w. 149 of lpC; Section 2i (1) of Arms Act of Karkhana Police Station, Hyderabad. The case has been ended in acquittal vide S.C. No.458/2008.

5. Crime No.194 ot 2012 uts. 147, 148,302, 120 (b) R/w. 149 of IPC of Marredpally police Station, Hyderabad. The case has been ended in acquittal vide Spl.S.C. No.2'l i20.t 7. 6 Crime No.215 of 2014 Uls. 147, 224, 506 R/w. 149 of IPC of lVlarredpally police Station. The case has been ended in 4cquittal vide C.C.No.623t2O1S.

7. Crime No.295 of 2014 U/s. 506, 509, 195 (A) of tpC of Marredpally police Station, Hyderabad. The case has been ended in acquittal vide C.C.No.9 Blt2O16.

8.CrimeNo.296 of 2014 U/s.506of lpCof Marredpally Police Station, Hyderabad. The case has been ended in acquittal vide C.C.No.1 16312014.

9. Crime No. 248 ot 2013 U/s. 348, 448, 506 of tpC; Section 3 and 5 of A.p. Telangana Money Lending Act .1349 Fasli of Marredpally police Station, Hyderabad. The case has been ended in acquittal vide C.C.No.9 24t2O13." 4 As seen from paragraph 3 of the counter affidavit, ail the criminal cases registered against the petitioner ended in l l I I I I I I ! i i I i I i I t I l l I I I I '':. . i. I 3 compromise/acquittal.Thus,itisclearthattherearenocriminal cases pending against the petitioner

5. ln view of the above, the petitioner cannot be treated as habitual offender and continuance of rowdy sheet against the petitioner is arbitrary and violative of Articles 14, 19 and 21 of the Constitution of lndia and, accordingly, the writ petition is allowed' Rowdy sheet opened against the petitioner shall be closed forthwith. No order as to costs. As a sequel thereto, miscellaneous applications' if any' pending in the writ petition stand closed' SD/. V.HARI P AD GI TRAR ASSISTANT //TRUE COPY// SECTION FFICER Telangana. J 1. The Principal Secretary, Home' T S'' Secreteriat' Hyderabad' State of , Thc commissloner of Police' Hyderabad Commissonerate' Command . ti:'qB;ffi"8'll,x[-1?JfiBlo t rylri^,No'th zone' Hvderabad . +;y''ffi-:*i*":3""'#,,:s*r;:l :si':s-,i'!!ll ** zone' Hvderabad -' c'"".riil6iitJie, court co mplex' secunderal:ao 5. The lnspecto, ot pJrit"I"'d5'i'iiiion"o' Task Force' Hvderabad Police t ffitq;*ffifi,t#ftffiffiJ*,ll+l+''s,fl .r re angana a Hvderabad [OUTI to.Tfro CD CoPies BSR @) HIGH COURT DATED: 03101t2025 CC TODAY STAT€ 3'c { $ 1 lttl ?trt' I A-t ],' /./ ORDER WP.No.35862 of 2024 ALLOWING THE WRIT PETITION, WITHOUT COSTS W>